Neutral Citation No. - 2025:AHC:110582 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 24126 of 2025 Applicant :- Girish Kumar Upadhyay Opposite Party :- State of U.P. and Another Counsel for Applicant :- Piyush Ranjan Pandey,Sudhanshu Pandey Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. This application under section 528 BNSS has been preferred to quash the impugned charge-sheet dated 30.12.2007 as well as summoning/cognizance order dated 07.03.2008 including the entire proceedings of Criminal Case No. 15 of 2008 (State of U.P. vs. Girish Kumar) arising out of Case Crime No. 919 of 2007, under sections 2/3 of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station-Indirapuram, District-Ghaziabad, pending in the Court of learned Special Judge (Gangster Act)/Additional Session Judge, Court No. 12, Ghaziabad as well as to stay the further proceedings of abovementioned case. 3. Learned counsel for the applicant submitted that the proceeding under the Gangster Act has been initiated against applicant on the basis of six cases which has been mentioned in paragraph no. 9 of the application, wherein applicant has already been acquitted by learned concerned court. Learned counsel for applicant 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 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 application but did not dispute the fact that applicant has already been acquitted in the base cases. 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 applicant has already been acquitted in the base cases, charge-sheet dated 30.12.2007 as well as summoning/cognizance order dated 07.03.2008 including the entire proceedings of Criminal Case No. 15 of 2008 (State of U.P. vs. Girish Kumar) arising out of Case Crime No. 919 of 2007, under sections 2/3 of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station-Indirapuram, District-Ghaziabad, pending in the Court of learned Special Judge (Gangster Act)/Additional Session Judge, Court No. 12, Ghaziabad, 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 :- 10.7.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad