Neutral Citation No. - 2025:AHC:134060 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 28867 of 2025 Applicant :- Mohd. Bafa And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sandeep Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for applicants and learned A.G.A. on behalf of the State. 2. This application has been preferred for quashing the charge- sheet no.237/2019 dated 15.09.2019, cognizance/summoning order dated 06.11.2019 and the entire proceedings of Session Trial No.522 of 2019 (State Vs. Mohd. Bafa and others), arising out of Case Crime No.138 of 2019, under Section 3(1) of The U.P. Gangster & Anti Social Activities (Prevention) Act, 1986, Police Station- Didoli, District- J.P. Nagar (Amroha), pending in the court of learned Additional Session Judge/Fast Track Court-II, J.P. Nagar (Amroha). 3. Learned counsel for the applicants submitted that the proceeding under the Gangster Act has been initiated against applicants on the basis of solitary case bearing Case Crime No.301 of 2018, under Sections 3/5/8 of U.P. Prevention of Cow Slaughter Act, 1955 and Section 11 of Prevention of Cruelty to Animal Act, 1960, Police Station- Didoli, District- J.P. Nagar (Amroha). In the said case, all the applicants were acquitted by learned court of Chief Judicial Magistrate, Amroha vide order dated 14.03.2024. Learned counsel for applicants further submitted that once in the base case applicants have been exonerated/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 or the applicants have 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. 4. 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 applicants, but at the same he did not dispute the order dated 14.03.2024 passed by learned court concerned. 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 the applicant has already been acquitted in the base case, charge-sheet no.237/2019 dated 15.09.2019, cognizance/summoning order dated 06.11.2019 and the entire proceedings of Session Trial No.522 of 2019 (State Vs. Mohd. Bafa and others), arising out of Case Crime No.138 of 2019, under Section 3(1) of The U.P. Gangster & Anti Social Activities (Prevention) Act, 1986, Police Station- Didoli, District- J.P. Nagar (Amroha), pending in the court of learned Additional Session Judge/Fast Track Court-II, J.P. Nagar (Amroha), are hereby quashed only in pursuance of applicants 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 to any other case against the applicants. Order Date :- 7.8.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad