Neutral Citation No. - 2025:AHC:94139 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 18638 of 2025 Applicant :- Zahid Hussain Qureshi Alias Zahid Alias Pappu And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Tarun Jha Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the parties. 2. The instant application has been preferred with prayer to quash the entire proceeding of Session Case no. 57 of 2022 (State vs. Zahid alias Pappu and another) under sections 2/3 of U.P.Gangster Act, 1986 arising out of Case Crime no. 135 of 2021, PS- Kotwali, District Jhansi pending in court of learned Special Judge, Gangster Act/Additional Session Judge, Court no. 3, Jhansi PS- Kotwali, District Jhansi as well as impugned charge sheet dated 09.11.2021 and cognizance order dated 19.01.2022 in Session Case no. 57 of 2022. 3. Learned counsel for the applicants submitted that the proceeding under the Gangster Act has been initiated against applicants on the basis of solitary case bearing Case Crime No.521 of 2020, under Section 302 read with 34 of IPC, Police Station Kotwali, District Jhansi. The applicants have been acquitted in Case Crime No.521 of 2020, under Section 302 read with 34 of IPC, Police Station Kotwali, District Jhansi vide judgment and order dated 05.04.2024 passed by learned Sessions Judge, Jhansi and copy of the judgment is annexed as Annexure no. 3 to the application. Learned counsel for applicants further submitted that once in the base case, applicants has already been acquitted, the instant proceeding under the Gangster Act cannot be drawn. In support of his submission, learned counsel for applicants has placed reliance on the judgement passed by the Apex Court in Farhana vs. State of Uttar Pradesh and others [2024 0 INSC 118] and stated that once the base case is already quashed, the impugned proceeding cannot go on under the Gangster Act and the entire process is unsustainable and liable to be set aside. 4. Per contra, learned A.G.A. vehemently opposed the prayer sought through the instant applicant but could not dispute the aforesaid facts. 5. After having the rival contentions raised by learned counsel for parties, it is crystal clear that in base case depicted in the gang chart applicants have been acquitted and once the proceedings of the base cases depicted in the gang chart are quashed or the accused has been acquitted, the proceedings under the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act are liable to be quashed [Ref: Farhana (supra) rendered by Hon'ble the Apex Court, Salim @ Piyaoo Vs. State of U.P. rendered by this Court in Criminal Revision No. 2541 of 2011, Jai Prakash and others Vs. State of U.P. rendered by this Court in Criminal Revision No. 3309 of 2008 and Sartaj Vs. State of U.P. rendered by this Court in Appl. U/S 482 No.11645 of 2007]. 6. In wake of the preceding discussion, since in base case applicants have been acquitted vide judgment and order dated 05.04.2024, charge sheet dated 09.11.2021 and cognizance order dated 19.01.2022 passed in Session Case no. 57 of 2022 (State vs. Zahid alias Pappu and another) under sections 2/3 of U.P.Gangster Act, 1986 arising out of Case Crime no. 135 of 2021, P.S.- Kotwali, District Jhansi as well as entire proceedings of the said case, are hereby quashed only in pursuance of applicants herein. 7. The present application is, accordingly, allowed. Order Date :- 30.5.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad