Neutral Citation No. - 2025:AHC:110741 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 21757 of 2025 Applicant :- Istekar And Another Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Syed Riyaz Askari Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Syed Riyaz Askari, learned counsel for applicants and learned A.G.A. on behalf of the State. 2. This application has been preferred for quashing the impugned charge-sheet no. 01 of 2023 dated 02.02.2023 (Case Crime no. 0305 of 2022) under Section 2/3 U.P.Gangster Act, 1986, PS- Shahpur, District Muzaffar Nagar. Further prayer has been made to quash the entire proceeding of Special Case no. 276 of 2023 (State vs. Istakhar and other) arising out of Case Crime no. 0305 of 2022 under Sections 2/3 U.P.Gangster Act, PS- Shahpur, District Muzaffar Nagar. 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. 116 of 2022, under Sections 147, 148, 149, 323, 336, 307 and 302 IPC, Police Station-Shahpur, District-Muzaffar Nagar, wherein vide order dated 07.03.2024 passed by learned concerned court, applicants have already been acquitted. Learned counsel for applicants further submitted that once in the base case, proceeding has already been quashed, 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. It is also submitted that on similar set of facts, co-accused have been granted relief vide order dated 21.5.2025 passed by this Court in Application u/s 482 no. 37617 of 2024 and applicants seeks parity with same. 4. Per contra, learned A.G.A. vehemently opposed the prayer sought through the instant application but did not dispute the fact that applicants have already been acquitted in the base case. 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 have 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 applicants have already been acquitted in the base case, charge-sheet no. 01 of 2023 dated 02.02.2023 including the entire proceedings of Special Case No. 276 of 2023 (State vs. Istakhar & Others) arising out of Case Crime No. 0305 of 2022, under sections 2/3 of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station-Shahpur, District- Muzaffar Nagar, pending in the Court of learned Special Judge (Gangster Act)/Additional Session Judge, Court No. 5, Muzaffar Nagar, are hereby quashed only in pursuance of applicants herein namely Istekar and Adnan. 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 applicants. Order Date :- 10.7.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad