Neutral Citation No. - 2025:AHC:106083 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 19959 of 2025 Applicant :- Girish Kumar Alias Girish Upadhyay Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abhishek Kumar Saroj,Nagendra Bahadur Singh,Virendra Yadav Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the parties. 2. Present application has been preferred with prayer to quash the entire proceeding of S.T. no. 41 of 2006 (State vs. Kaushlesh Tripathi @ Guddu and others) including the charge-sheet dated 24.03.2006 as well as cognizance/summoning order dated 12.07.2006 passed by learned Special Judge, Gangster Act/Additional District Judge-16, Allahabad arising out of Case Crime no. 0069 of 2005 under Section 2/3 of U.P.Gangster and Anti-Social Activities (Prevention) Act, 1986, PS- Shankargarh, District Allahabad. 3. Learned counsel for the applicant submitted that the proceeding under the Gangster Act has been initiated against applicant on the basis of three cases bearing (i) Case Crime No. 20 of 2005 under sections 392, 411 IPC, PS- Shankargarh, District Allahabad, (ii) Case Crime no. 49 of 2005 under Section 25 Arms Act, PS- Shankargarh, District Allahabad and (iii) Case Crime no. 144 of 2005 under sections 395, 412 IPC, PS- Sikandara, District Agra. The applicant has been acquitted in Case Crime no. 20 of 2005 vide judgment and order dated 04.04.2025 passed by learned Additional Chief Judicial Magistrate, Room No. 15, Prayagraj, in Case Crime no. 49 of 2005 vide judgment and order dated 04.04.2025 passed by Additional Chief Judicial Magistrate, Room no. 15, Prayagraj and in Case Crime no. 144 of 2005 vide judgment dated 25.11.2019 passed by learned Special Judge (DAA)/Additional Session Judge, Court no. 18, Agra and copy of the judgments is annexed as Annexure no. 5, 6 and 7 to the affidavit. Learned counsel for applicant 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 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 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 applicant has 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 applicant has been acquitted vide judgment and orders dated 04.04.2025 and 25.11.2019, charge-sheet dated 24.03.2006 along with summoning order dated 12.07.2006 passed in S.T. no. 41 of 2006 (State vs. Kaushlesh Tripathi @ Guddu and others)arising out of Case Crime no. 0069 of 2005 under Section 2/3 of U.P.Gangster and Anti- Social Activities (Prevention) Act, 1986, PS- Shankargarh, District Allahabad as well as entire proceedings of the said case, are hereby quashed only in pursuance of applicant herein. 7. The present application is, accordingly, allowed. Order Date :- 7.7.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad