HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 31204 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard Sri Shahroze Khan, learned counsel for applicants and learned A.G.A. for State. 2. The instant application has been preferred with the prayer to quash the impugned charge sheet dated 13.05.2021, cognizance/summoning order dated 26.07.2021 and the entire proceedings of Gangster Case no. 912 of 2021 (State vs. Somai and Others), arising out of Case Crime no.11 of 2021, under Section 3(1) U.P. Gangster and Anti Social Activities (Prevention) Act, Police Station- Trilokpur, District- Siddharth Nagar, pending in the court of learned Additional District and Session Judge, Fast Track Court no.2, Siddharth Nagar. 3. At the very outset, learned counsel for applicants has challenged the entire proceedings on specific ground that there is hardly any minutes of meeting, if held jointly, in between forwarding authority and approving authority, which is clear violation of Rule 5(3)(a) of U.P. Gangster Rules, 2021. 4. Per contra, learned A.G.A. vehemently opposed the prayer as made in the application and submitted through his instructions which is available with him, that approval of the gang chart is in consonance with Rule 5(3)(a) of U.P. Gangster Rules, 2021 as there is clear joint meeting held between the forwarding authority and approving authority. 5. After hearing the rival submissions extended by learned counsel for the parties, the argument raised by learned A.G.A. seems to be justified since the said procedure which is mandated on the part of the approving authority as Versus Counsel for Applicant(s) : Mohammad Zafar Yab Khan, Shahroze Khan Counsel for Opposite Party(s) : G.A. Guddan And 4 Others .....Applicant(s) State of U.P. .....Opposite Party(s) well as forwarding authority is establish in the instant matter and as such, the instant application lacks merit. 6. Later on, learned counsel for applicants submitted that applicant no.2- Gaddan, has been implicated in the instant gangster proceedings only on the basis of solitary case, i.e., Case Crime No.159 of 2020, P.S. Trilokpur, District- Siddharth Nagar, wherein he has already been acquitted vide order dated 14.08.2024 by learned court of Additional Session Judge, Outline Court Bansi, Siddharth Nagar and as such once in the base case applicant has been exonerated/acquitted, the instant proceeding under the Gangster Act cannot be drawn against him. 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 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, and the same has not been disputed by learned A.G.A. 7. In view of aforementioned facts and circumstances, the entire proceedings in shape of Gangster Case no. 912 of 2021 (State vs. Somai and Others), arising out of Case Crime no.11 of 2021, under Section 3(1) U.P. Gangster and Anti Social Activities (Prevention) Act, Police Station- Trilokpur, District- Siddharth Nagar, pending in the court of learned Additional District and Session Judge, Fast Track Court no.2, Siddharth Nagar, including charge sheet dated 13.05.2021 and cognizance/summoning order dated 26.07.2021, are hereby quashed and set-aside, in respect of applicant no.2 only. The instant application stands allowed in respect to applicant no.2 only. 8. So far as applicant nos.1, 3, 4 and 5 are concerned, the instant application stands dismissed. September 8, 2025 Saif NA528 No. 31204 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad