Neutral Citation No. - 2025:AHC:135603 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 29080 of 2025 Applicant :- Ramveer Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dileep Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Jitendra Kumar Sinha,J. 1. Heard Sri Dileep Kumar Pandey, learned counsel for the applicant and Sri Gyan Prakash Srivastava, learned A.G.A. for the State. 2. This application under section 528 BNSS has been preferred to quash the impugned charge-sheet dated 30.11.2023, cognizance/summoning order dated 11.01.2024 and the entire proceedings of Special Case No.84 of 2024 (State vs. Sunil Kumar & Others) arising out of Case Crime No.396 of 2022, under Sections 2/3 Gangster Act, P.S. Madhuban Bapudham, District- Ghaziabad, pending in the Court of learned Special Judge (Gangster Act)/Additional District Judge, Court No.12, Ghaziabad as well as to stay the further proceedings of above-mentioned case. 3. Learned counsel for the applicant submitted that the applicant has been acquitted in the sole case which was the basis for invocation of the offence under Gangsters Act. He further submits that this Court has quashed the proceedings against the main accused Kunal Chawala and other co-accused Raman Jaiswal vide orders dated 24.04.2025 and 13.05.2025 passed in Application U/S 528 BNSS No.- 14081 of 2025 and Application U/S 482 No.- 7580 of 2024, respectively. The case of these persons is similar to that of the present accused. 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 applicant but could not dispute the aforesaid facts. 5. The applicant has been acquitted in the base case being Case Crime no. 666/2021 under sections 420, 120B IPC and under Section 60, 63 and 72 of Excise Act, P.S.- Madhuban Bapudham, District Ghaziabad vide judgment and order dated 08.04.2025 passed by learned Additional Chief Judicial Magistrate, Court no. 5, Ghaziabad. The copy of the judgement is annexed as Annexure No.-5 to the application. The proceedings of main accused Kunal Chawala and other co-accused Raman Jaiswal vide orders dated 24.04.2025 and 13.05.2025 passed in Application U/S 528 BNSS No.- 14081 of 2025 and Application U/S 482 No.- 7580 of 2024, respectively have been quashed. The case of the applicant is not distinguishable from the present applicant. 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]. 6. In wake of the preceding discussion, since in base case applicant has been acquitted vide judgment and order dated 08.04.2025, charge sheet dated 30.11.2023 and cognizance/summoning order dated 11.01.2024 passed in Special Case no. 84 of 2024 (State vs. Sunil Kumar and others) under Section 2/3 of Gangster Act, arising out of Case Crime no. 396 of 2023, PS- Madhuban Bapudham, District Ghaziabad as well as entire proceedings of the said case, are hereby quashed only in pursuance of applicant herein. 7. The present application is, accordingly, allowed. Order Date :- 8.8.2025 Virendra Digitally signed by :- VIRENDRA KUMAR BHARTEEY High Court of Judicature at Allahabad