Neutral Citation No. - 2025:AHC:136830 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 29336 of 2025 Applicant :- Diwan Alias Umesh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Binod Kumar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Sri Binod Kumar Tripathi, learned counsel for applicant and learned A.G.A. on behalf of the State. 2. This application has been preferred for quashing entire criminal proceeding as well as cognizance order dated 05.01.2016, passed by Special Judge, (G.A.)/Additional District Magistrate, Court no. 5, Mathura, arising out of Case Crime no. 387 of 2014 under Section 2/3 Gangster Act, PS- Vrindavan, District Mathura. 3. Learned counsel for the applicants submitted that the proceeding under the Gangster Act has been initiated against applicant on the basis of solitary case bearing Case Crime No.144 of 2013, under Sections 307, 302, 504 IPC, Police Station Vrindavan, District Mathura wherein applicant has already been acquitted by learned Additional Sessions Judge, Court no. 1, Mathura vide order dated 24.01.2023, copy of which is annexed as Annexure no. 3 to the affidavit. Learned counsel for applicant further submitted that once in the base case, proceeding has already been quashed/applicant has been 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, 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 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 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 applicant has been acquitted in base case, entire proceedings of Case Crime no. 387 of 2014 under Section 2/3 Gangster Act, PS- Vrindavan, District Mathura 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 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad