Neutral Citation No. - 2025:AHC:128690 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 27596 of 2025 Applicant :- Maqsood Ahmad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd. Asim Zulfiquar Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the parties. 2. This application has been preferred for quashing the entire proceedings of Special Session Trial no. 131 of 2009 (State vs. Maqsood Ahmad) and charge sheet dated 04.12.2009 as well as cognizance order dated 22.12.2009 under Section 2/3 U.P.Gangster and Anti-Social Activities (Prevention) Act, 1986 arising out of Case Crime no. 189 of 2009 PS- Kareily, District Prayagraj. 3. Learned counsel for the applicants submitted that the proceeding under the Gangster Act has been initiated against applicant on the basis of two cases bearing Case Crime No.32 of 2008, under Sections 392, 411 IPC, Police Station Kareli, District Allahabad and Case Crime no. 40 of 2008 under sections 392, 411 IPC PS- Kareli, District Allahabad wherein applicant has already been acquitted vide orders dated 29.09.2004 and 30.08.2013 by Juvenile Justice Board, Allahabad, copy of which is annexed as Annexure no. 3 to the affidavit. Learned counsel for applicants further submitted that once in the base case, proceeding has already been quashed/applicant has 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. 4. Per contra, learned A.G.A. vehemently opposed the prayer sought through the instant applicant but could not dispute the aforesaid facts. 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 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, entire proceedings of Special Session Trial no. 131 of 2009 (State vs. Maqsood Ahmad) and charge sheet dated 04.12.2009 as well as cognizance order dated 22.12.2009 under Section 2/3 U.P.Gangster and Anti-Social Activities (Prevention) Act, 1986 arising out of Case Crime no. 189 of 2009 PS- Kareily, District Prayagraj 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 :- 31.7.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad