Neutral Citation No. - 2025:AHC:135142 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 29245 of 2025 Applicant :- Shorish Ali And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anurag Shrivastava Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for applicants and learned A.G.A. for the State. 2. This application has been preferred for quashing the charge- sheet no.038 of 2022 dated 06.02.2022, cognizance/summoning order dated 30.03.2022 passed by learned Special Judge (Gangster Act)/Additional Session Judge, Court No.8, Etah and the entire proceedings of Session Case No.198 of 2022 (State Vs. Shorish Ali and others), arising out of Case Crime No.64 of 2021, under Sections 2/3 of The U.P. Gangster & Anti Social Activities (Prevention) Act, 1986, Police Station- Jalesar, District- Etah, pending in the court of learned Special Judge, Rape & POCSO-1st, Etah. 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.491 of 2020, under Sections 332, 353, 395, 397 I.P.C. and section 3(2) of Pandemic Amendment Ordinance, 2020 and section 7 of Criminal Law (Amendment) Act, Police Station- Jalesar, District- Etah. In the said case, all the applicants were acquitted by learned court of Additional Session Judge/Fast Track Court-II, Etah vide order dated 10.06.2025. 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 10.06.2025 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 is 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 applicants have already been acquitted in the base case, charge-sheet no.038 of 2022 dated 06.02.2022, cognizance/summoning order dated 30.03.2022 passed by learned Special Judge (Gangster Act)/Additional Session Judge, Court No.8, Etah and the entire proceedings of Session Case No.198 of 2022 (State Vs. Shorish Ali and others), arising out of Case Crime No.64 of 2021, under Sections 2/3 of The U.P. Gangster & Anti Social Activities (Prevention) Act, 1986, Police Station- Jalesar, District- Etah, pending in the court of learned Special Judge, Rape & POCSO-1st, Etah, 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 of any other case against the applicants. Order Date :- 11.8.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad