Neutral Citation No. - 2025:AHC:144596 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 29905 of 2025 Applicant :- Tahajib Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pankaj Sharma,Prashant Sharma Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Copy of gang-chart preferred by learned counsel for applicant is taken on record. 2. Heard Sri Prashant Sharma, learned counsel for applicant and learned A.G.A. on behalf of the State. 3. This application has been preferred for quashing the charge sheet dated 7.2.2017 along with cognizance/summoning order dated 29.10.2017 passed by Additional District & Sessions Judge/Fast Track Court Ist/Gangster Judge, Amroha in Special Session Case no. 92 of 2017 (State vs. Tahajib & another) as well as entire proceedings of Special Session Case no. 92 of 2017 arising out of Case Crime no. 327 of 2016 under section 3(1) of U.P.Gangsters and Anti-social Activities (Prevention) Act, 1986, PS- Didauli, District Amroha, pending in court of Additional District & Sessions Judge/FTC IInd, Amroha in respect of applicant. 4. 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.115 of 2016, under Sections 3/5A/8 of U.P.Prevention of Cow Slaughter Act and section 3/11 of Prevention of Cruelty to Animals Act, Police Station Didauli, District Amroha wherein applicant has already been acquitted by learned Chief Judicial Magistrate, District Amroha vide order dated 08.10.2024, copy of which is annexed as Annexure no. 4 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. 5. Per contra, learned A.G.A. vehemently opposed the prayer sought through the instant applicant but could not dispute the aforesaid facts. 6. 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]. 7. In wake of the preceding discussion, since in base case applicant has been acquitted, entire proceedings of Special Session Case no. 92 of 2017 arising out of Case Crime no. 327 of 2016 under section 3(1) of U.P.Gangsters and Anti-social Activities (Prevention) Act, 1986, PS- Didauli, District Amroha are hereby quashed only in pursuance of applicant herein. 8. The present application is, accordingly, allowed. 9. 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 :- 22.8.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad