Neutral Citation No. - 2025:AHC:112780 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 24361 of 2025 Applicant :- Sachin Gupta @ Sachin Kumar Gupta Opposite Party :- State of U.P. and Another Counsel for Applicant :- Maiku Lal Maurya,Shamsher Bahadur Maurya Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Sri Vikas Rastogi, Advocate holding brief of Sri Maiku Lal Maurya, learned counsel for applicant and learned A.G.A. on behalf of the State. 2. Present application has been preferred with the prayer to quash the entire proceeding of S.S.T. no. 77 of 2006 (State vs. Anil @ Lalu and Others) arising out of Case Crime no. 971 of 2024, under Section 3(1) of U.P.Gangster and Anti-Social Activities (Prevention) Act, 1986, PS- Kotwali Farrukhabad, District Farrukhabad, pending in the court of learned Special Judge, Gangster Act, Farrukhabad. 3. Learned counsel for the applicant submitted that the proceeding under the Gangster Act has been initiated against applicant on the basis of two cases bearing Case Crime No.949 of 2004 and Case Crime No.950 of 2004, trial of both the cases was concluded simultaneously as S.T. No.358 of 2007 (State vs. Anil Kumar @ Lalu Kanaujiya and Others) and the applicant was acquitted by learned court of Additional District and Session Judge, Court No.1, Farrukhabad vide order dated 17.12.2024. 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 case is already quashed or the applicant has 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 application and rebutted the stand taken up by learned counsel for applicants, but at the same he did not dispute the order dated 10.05.2024 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 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 the applicant has already been acquitted in the base case, S.S.T. no. 77 of 2006 (State vs. Anil @ Lalu and Others) arising out of Case Crime no. 971 of 2024, under Section 3(1) of U.P.Gangster and Anti-Social Activities (Prevention) Act, 1986, PS- Kotwali Farrukhabad, District Farrukhabad, pending in the court of learned Special Judge, Gangster Act, Farrukhabad, 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 :- 14.7.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad