Neutral Citation No. - 2025:AHC:122185 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 26284 of 2025 Applicant :- Abhishek Sahani Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kripesh Mishra Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Although photocopy of the acquittal order has been appended along with the affidavit, but today certified copy of the same dated 06.11.2024 has been provided by learned counsel for applicant during the course of argument, which is taken on record. 2. Heard learned counsel for applicant and learned A.G.A. on behalf of the State. 3. This application has been preferred for quashing the charge- sheet dated 15.08.2021, cognizance/summoning order dated 26.11.2021 passed by learned Additional Session Judge/Special Judge (Gangster Act), Gorakhpur and the entire proceedings of Criminal Case No.2443 of 2021 (State Vs. Shailendra Pratap Singh and others), arising out of Case Crime No.792 of 2020, under Section 3(1) of The U.P. Gangster & Anti Social Activities (Prevention) Act, 1986, Police Station- Belghat, District- Gorakhpur. 4. Learned counsel for the applicant submitted that the proceeding under the Gangster Act has been initiated against applicant on the basis of solitary case bearing Case Crime No.35 of 2019, under sections 302, 34 I.P.C., P.S. Belghat, District- Gorakhpur. In the said case, applicant was acquitted by learned court concerned vide order dated 06.11.2024, the said order is kept on record. Learned counsel for applicant further submitted that once in the base case applicant has been exonerated/acquitted, 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 or the applicant has already been acquitted in the same, 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 A.G.A. vehemently opposed the prayer sought through the instant application and rebutted the stand taken up by learned counsel for applicant, but at the same he did not dispute the order dated 06.11.2024 passed by learned court concerned as well as the dictum pronounced by Hon'ble Apex Court in case of Farhana (supra). 6. 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 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]. 7. In wake of the preceding discussion, since the applicant has already been acquitted in the base cases, charge-sheet dated 15.08.2021, cognizance/summoning order dated 26.11.2021 passed by learned Additional Session Judge/Special Judge (Gangster Act), Gorakhpur and the entire proceedings of Criminal Case No.2443 of 2021 (State Vs. Shailendra Pratap Singh and others), arising out of Case Crime No.792 of 2020, under Section 3(1) of The U.P. Gangster & Anti Social Activities (Prevention) Act, 1986, Police Station- Belghat, District- Gorakhpur, are hereby quashed only in pursuance of applicant herein. 8. The present application is, accordingly, allowed. 9. 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 :- 24.7.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad