Neutral Citation No. - 2025:AHC:132009 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 28122 of 2025 Applicant :- Akhil Bansal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Nanhe Lal Tripathi Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Sri Satish Kumar Mishra holding brief of Sri Nanhe Lal Tripathi, learned counsel for applicant and learned A.G.A. on behalf of the State. 2. This application has been preferred for quashing the charge sheet dated 16.1.2025 as well as cognizance and summoning order dated 14.02.2025 in Case no. 265 of 2025 relating to Case Crime No.1606 of 2023 under Section 2/3 of the U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986, Police Station Indrapuram, District Ghaziabad pending in the court of Special Judge Gangster Act/Additional District Judge, Ghaziabad. 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.188 of 2022, under Sections 420, 406, 120B, 504, 506 IPC, Police Station - Knowledge Park, District Gautam Budhh Nagar. Proceeding of aforesaid Case Crime no. 188 of 2022 has already been quashed by co-ordinate Bench of this Court, vide judgment and order dated 10.4.2025 passed by a Coordinate Bench of this Court in Application u/s 482 no. 12351 of 2024 and copy of the judgment is annexed as Annexure no.4 to the application. Learned counsel for applicant further submitted that once in the base case, proceeding has already been quashed, 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, the impugned proceeding cannot go on under the Gangster Act and the entire process is unsustainable and liable to be set aside.It is also submitted that on similar set of facts and circumstances, co-accused has already been granted relief vide order dated 9.7.2025 passed by this Court in Application u/s 528 BNSS no. 20543 of 2025 (Gaurav Bhati vs. State of U.P.) and applicant seeks parity with same. 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 in base case depicted in the gang chart proceeding has 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 proceeding has been quashed vide judgment and order dated 10.4.2025 , cognizance and summoning order dated 14.02.2025 and the charge sheet dated 16.1.2025 in Case Crime No.1606 of 2023 under Section 2/3 of the U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986, Police Station Indrapuram, District Ghaziabad pending in the court of Special Judge Gangster Act/Additional District Judge, Ghaziabad, 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