Neutral Citation No. - 2025:AHC:146388 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 31358 of 2025 Applicant :- Rihan And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ehtesham Afsar Khan Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Sri Ehtesham Afsar Khan, learned counsel for applicant and learned A.G.A. on behalf of the State. 2. This application has been preferred for quashing the cognizance/summoning order dated 24.10.2024 passed by learned Additional Sessions Judge, Court no. 5/Special Judge Gangster Act, Bareilly and charge sheet no. 20 of 2024 dated 10.01.2024 as well as entire proceeding of Special Case no. 2158 of 2024 (State vs. Rihan and others) arising out of Case Crime no. 90 of 2022 under Section 2/3 of U.P.Gangster and Anti-Social Activities (Prevention) Act, PS- Baradari, District Bareilly pending in court of Additional Sessions Judge, Court no. 5/Special Judge, Gangster Act, Bareilly. 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.70 of 2021, under Sections 3/5/8 of Cow Slaughter Act, Police Station Baradari, District Bareilly wherein applicants have already been acquitted by learned Additional Sessions Judge, Court no. 11, Bareilly vide order dated 29.05.2024, copy of which is annexed as Annexure no. 4 to the affidavit. Learned counsel for applicants further submitted that once in the base case, proceeding has already been quashed/applicants 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 in base case applicants have been acquitted, entire proceedings of Special Case no. 2158 of 2024 (State vs. Rihan and others) arising out of Case Crime no. 90 of 2022 under Section 2/3 of U.P.Gangster and Anti- Social Activities (Prevention) Act, PS- Baradari, District Bareilly are hereby quashed only in pursuance of applicants namely Rihan and Salim. 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 :- 23.8.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad