Neutral Citation No. - 2025:AHC:145288 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 24880 of 2025 Applicant :- Manvendra Singh @ Sonu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Sengar 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 to set aside the order dated 01.03.2025, quash the charge sheet dated 10.04.2025 and entire proceeding of Gangster Sessions Trial no. 0008 of 2025 (State of U.P. vs. Tajauddin @ Pinku & others) arising out of Case Crime no. 0156 of 2004 under Section 2/3 of Uttar Pradesh Gangsters and Anti- Social Activities (Prevention) Act, 1986, PS- Nadigaon & District Jalaun at Orai, pending before learned Additional District & Sessions Judge/F.T.C (Offence against Women), Jalaun at Orai, Jalaun. 3. Learned counsel for the applicant submitted that the proceeding under the Gangster Act has been initiated against applicant on the basis of case bearing Case Crime No.140 of 2004, under Sections 147, 148, 149, 307, 302, 504, 506 IPC, Police Station Nadigaon, District Jalaun. The applicant have been acquitted in Case Crime No.140 of 2004, under Sections 147, 148, 149, 307, 302, 504, 506 IPC, Police Station Nadigaon, District Jalaun vide judgment and order dated 07.11.2007 passed by learned Sessions Judge, Jalaun at Orai and copy of the judgment is annexed as Annexure no. 4 to the application. 4. Since the proceedings under the Gangster Act has already been proceeded against the applicant by way of implicating him in another Case Crime No.106 of 2001 under Sections 323, 504, 506 IPC at Police Station Nadigaon District Jalaun, the Investigating Officer has investigated the matter and submitted charge sheet on 29.01.2002 under Sections 323 and 504 IPC and the same was not amenable for initiating gangster proceedings against the applicant. It is also submitted by learned counsel for the applicant that the gang chart was prepared on 23.10.2004 and the amendment which has been incorporated for lodging the First Information Report, the same became amenable under the gangster proceedings through amendment in the year 2007 and as such the proceedings initiated against the applicant was not sustainable in the eye of law. Learned counsel for applicants 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 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. 5. Per contra, learned AGA submitted that prayer for seeking quashing of the entire proceedings is not sustainable since the applicant has to face the trial in pursuance to other case which is pending and mentioned in the gang chart but at the same time did not dispute the fact that the gang chart was prepared way back in the year 2004 itself and the amendment has been enacted in the year 2007 and in other predicate case, the applicant has already been acquitted. 6. In view of the aforementioned facts and circumstances, once it is crystal clear that the Case Crime No.106 of 2001 in which applicant had been implicated in pursuance to Sections 323 and 504 IPC only, way back in the year 2004 itself, same was not continued prosecution against the applicant in pursuance to Section 2/3 of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986. 7. 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]. 8. In wake of the preceding discussion, since in base case applicant has been acquitted vide judgment and order dated 07.11.2007, charge sheet dated 10.04.2025 along with summoning order dated 01.03.2025 passed in Gangster Sessions Trial no. 0008 of 2025 (State of U.P. vs. Tajauddin @ Pinku & others) arising out of Case Crime no. 0156 of 2004 under Section 2/3 of Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, PS- Nadigaon & District Jalaun at Orai as well as entire proceedings of the said case, are hereby quashed only in pursuance of applicant namely Manvendra Singh @ Sonu. 9. The present application is, accordingly, allowed. Order Date :- 22.8.2025 Rakesh NA528 No. 24880 of 2025 2 Digitally signed by :- RAKESH SINGH High Court of Judicature at Allahabad