Neutral Citation No. - 2025:AHC:109194 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 21677 of 2025 Applicant :- Atiq Ahmad And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd. Ashraf Abbasi Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the applicants and learned A.G.A. for the State. 2. This application under section 528 BNSS has been preferred to quash the entire criminal proceedings of S.T. No. 16 of 2015 (State vs. Atiq Ahmad & Another) arising out of Case Crime No. 231 of 2014, under sections 2/3 of the Uttar Pradesh Gangsters and Anti- Social Activities (Prevention) Act, 1986 pending in the Court of learned Additional District Judge, Room No. 16/Special Judge Gangster Act, Allahabad as well as to stay the further proceedings of abovementioned case. 3. Learned counsel for the applicants submitted that the proceeding under the Gangster Act has been initiated against both the applicants on the basis of Case Crime No. 576 of 2013, under Sections 147, 148, 149, 504, 506, 302 IPC and Section 7 of Criminal Law Amendment Act wherein vide order dated 06.03.2019 passed by learned concerned court, both the applicants have already been acquitted. And one more case as Case Crime No. 71 of 2013, under Sections 323, 504, 506 IPC has been shown for applicant no. 2 in which the applicant no. 2 has also been acquitted by the trial court vide order dated 30.09.2014. 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. 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, the entire criminal proceedings of S.T. No. 16 of 2015 (State vs. Atiq Ahmad & Another) arising out of Case Crime No. 231 of 2014, under sections 2/3 of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 pending in the Court of learned Additional District Judge, Room No. 16/Special Judge Gangster Act, Allahabad, are hereby quashed only in pursuance of applicants 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 applicants. Order Date :- 9.7.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad