Neutral Citation No. - 2025:AHC:131933 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 28175 of 2025 Applicant :- Sahab Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shiv Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Sri Shiv Kumar Singh, learned counsel for applicant and learned A.G.A. on behalf of the State. 2. This application has been preferred for quashing the entire proceedings of G.S.T. No. 50 of 2010 and charge sheet dated 01.05.2010 and cognizance order dated 24.05.2010 (State vs. Sahab Singh and another) in Case Crime no. 111 of 2010 under Section 2/3 Gangster Act, PS- Muranipur, District Jhansi, pending in court of Special Judge, Gangster Act, Jhansi. 3. 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.1367 of 2009, under Sections 302, 201 IPC and 3(2)5 SC/ST Act, Police Station Mauraipur, District Jhansi wherein applicant has already been acquitted by learned IInd Additional Sessions Judge/Special Judge, SC/ST Act, Jhansi vide order dated 05.02.2019, copy of which is annexed as Annexure no. 5 to the affidavit. Learned counsel for applicant 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 G.S.T. No. 50 of 2010 (State vs. Sahab Singh and another) in Case Crime no. 111 of 2010 under Section 2/3 Gangster Act, PS- Muranipur, District Jhansi 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 :- 5.8.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad