Neutral Citation No. - 2025:AHC:91829 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 19387 of 2025 Applicant :- Tarvinder Jeet Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shikhar Awasthi Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for applicant and learned A.G.A. on behalf of the State. 2. This application has been preferred for quashing the charge- sheet dated 28.08.2018 along with cognizance/summoning order dated 31.08.2018 and the entire proceedings of G.S.T. No.42 of 2018 (State Vs. Manoj Goyal and Others), arising out of Case Crime No.0907 of 2017, under Sections 2/3 of The U.P. Gangster & Anti Social Activities (Prevention) Act, 1986, Police Station- Highway, District- Mathura, pending before learned court of Special Judge (Gangster Act)/Additional Session Judge, Court No.5, Mathura, only in respect of applicant herein. 3. Learned counsel for the applicant submitted that the proceeding under the Gangster Act has been initiated against applicant on the basis of solitary case bearing Case Crime No.187 of 2017, under sections 15/16 of Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 2011 and sections 3/4 of Explosive Substances Act, 1908 and sections 379, 411, 427 I.P.C., P.S. Highway, District- Mathura. In the said case, the applicant was acquitted by learned court concerned vide order dated 11.03.2024. Learned counsel for applicant further submitted that once in the base case applicant has been exonerated/acquitted, the instant proceeding under the Gangster Act cannot be drawn. In support of his submission, learned counsel for applicant 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 cases are already quashed or the applicants have already been acquitted in the same, 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 and rebutted the stand taken up by learned counsel for applicant, but at the same he did not dispute the acquittal order dated 11.03.2024 passed by learned court concerned. 5. After having the rival contentions raised by learned counsel for parties, it is crystal clear that base case depicted in the gang chart has already been quashed and once the proceedings of the base case 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 the applicant has already been acquitted in the base case, charge-sheet dated 28.08.2018 along with cognizance/summoning order dated 31.08.2018 and the entire proceedings of G.S.T. No.42 of 2018 (State Vs. Manoj Goyal and Others), arising out of Case Crime No.0907 of 2017, under Sections 2/3 of The U.P. Gangster & Anti Social Activities (Prevention) Act, 1986, Police Station- Highway, District- Mathura, pending before learned court of Special Judge (Gangster Act)/Additional Session Judge, Court No.5, Mathura, are hereby quashed only in pursuance of applicant herein. 7. The present application is, accordingly, allowed. 8. However, it is made clear that this order shall not preclude the authorities concerned to initiate fresh proceedings in pursuance of any other case against the applicant. Order Date :- 28.5.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad