Neutral Citation No. - 2025:AHC:108826 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 20543 of 2025 Applicant :- Gaurav Bhati Opposite Party :- State of U.P. Counsel for Applicant :- Amit Kumar,Vinod Kumar Tirpathi 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 16.1.2025 as well as cognizance and summoning order dated 14.02.2025 in Case Crime No.1606 of 2023 under Section 2/3 of the U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986, Police Station Indrapuram, District Ghaziabad pending in the court of Special Judge Gangster Act/Additional District Judge, Ghaziabad. 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.188 of 2022, under Sections 420, 406, 120B, 504, 506 IPC, Police Station - Knowledge Park, District Gautam Budhh Nagar. The applicant has been acquitted in Case Crime No. 188 of 2022, under Sections 420, 406, 120B, 504, 506 IPC, Police Station - Knowledge Park, District Gautam Budhh Nagar, vide judgment and order dated 10.4.2025 passed by a Coordinate Bench of this Court and copy of the judgment is annexed as Annexure no.5 to the application. Learned counsel for applicant further submitted that once in the base case, applicant 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 order dated 10.4.2025 , cognizance and summoning order dated 14.02.2025 and the charge sheet dated 16.1.2025 in Case Crime No.1606 of 2023 under Section 2/3 of the U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986, Police Station Indrapuram, District Ghaziabad pending in the court of Special Judge Gangster Act/Additional District Judge, Ghaziabad, are hereby quashed only in pursuance of applicant herein. 7. The present application is, accordingly, allowed. Order Date :- 9.7.2025 Rakesh Digitally signed by :- RAKESH SINGH High Court of Judicature at Allahabad