Neutral Citation No. - 2025:AHC:135137 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 29242 of 2025 Applicant :- Habib 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 08.11.2017, cognizance/summoning order dated 04.08.2018 and the entire proceedings of Session Trial No.167 of 2018 (State Vs. Habib and Another) arising out of Case Crime No.673 of 2018, under Section 3(1) of The U.P. Gangster & Anti Social Activities (Prevention) Act, 1986, Police Station- Sambhal, District- Sambhal, pending in the court of learned Additional Session Judge/Special Judge, Gangster Act, Sambhal. 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.439 of 2017, under sections 376(D), 354A, 328, 342, 506 I.P.C. and sections 5/6, 7/8, 11/12 of POCSO Act, P.S. Kotwali Sambhal, District- Sambhal. In the said case, applicant was acquitted by learned court of Additional Session Judge/Special Judge, POCSO Act, Court No.3, Sambhal vide order 07.07.2025. 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 07.07.2025 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 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 08.11.2017, cognizance/summoning order dated 04.08.2018 and the entire proceedings of Session Trial No.167 of 2018 (State Vs. Habib and Another) arising out of Case Crime No.673 of 2018, under Section 3(1) of The U.P. Gangster & Anti Social Activities (Prevention) Act, 1986, Police Station- Sambhal, District- Sambhal, pending in the court of learned Additional Session Judge/Special Judge, Gangster Act, Sambhal, 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 :- 11.8.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad