Neutral Citation No. - 2025:AHC:136611 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 29540 of 2025 Applicant :- Kawaljeet Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sunil Dubey Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard 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 26.12.2017 along with undated cognizance order passed by learned Special Judge, Gangster Act, Moradabad and the entire proceedings of Special Session Trial No.116 of 2017 (State Vs. Istkhar Khan and others), arising out of Case Crime No.243 of 2016, under Section 3(1) of The U.P. Gangster & Anti Social Activities (Prevention) Act, 1986, Police Station- Bilari, District- Moradabad, pending in the court of learned Additional District Judge, Court No.6, Moradabad. 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.64 of 2015, under sections 395, 412, 413, 120B I.P.C., P.S. Bilari, District- Moradabad. In the said case, applicant was acquitted by learned court of Additional Session Judge, Court No.12, Moradabad vide order dated 30.01.2019. 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. 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 applicant, but at the same he did not dispute the order dated 30.01.2019 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 case 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 dated 26.12.2017 along with undated cognizance order passed by learned Special Judge, Gangster Act, Moradabad and the entire proceedings of Special Session Trial No.116 of 2017 (State Vs. Istkhar Khan and others), arising out of Case Crime No.243 of 2016, under Section 3(1) of The U.P. Gangster & Anti Social Activities (Prevention) Act, 1986, Police Station- Bilari, District- Moradabad, pending in the court of learned Additional District Judge, Court No.6, Moradabad, 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 :- 12.8.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad