Neutral Citation No. - 2025:AHC:146408 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 31176 of 2025 Applicant :- Bhura Alias Javed And 4 Others 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. Heard Sri Prashant Sharma, learned counsel for applicants and learned A.G.A. on behalf of the State. 2. This application has been preferred for quashing the charge sheet dated 25.5.2023 along with cognizance/summoning order dated 12.10.2023 passed by Additional District & Sessions Judge/Fast Track Court IInd, Amroha in Session Case no. 1066 of 2023 (State vs. Kaluwa @ Jahne Alam & others) as well as entire proceeding of Session Case no. 1066 of 2023 arising out of Case Crime no. 592 of 2022 under Section 3(1) of U.P.Gangsters and Anti-social Activities (Prevention) Act, 1986, PS- Gajraula, District Amroha, pending in court of Additional District & Sessions Judge/ FTC, IInd, Amroha. 3. Learned counsel for the applicants submitted that the proceeding under the Gangster Act has been initiated against applicant nos. 1 and 2 on the basis of Case Crime no. 475 of 2022 under sections 386, 506 IPC, PS- Gajraula, District Amroha and Case Crime no. 496 of 2022 under Sections386, 506 IPC, Police Station Gajraula, District (Amroha) and against applicant nos. 3 to 5 on the basis of solitary case bearing Case Crime No.496 of 2022, under Sections386, 506 IPC, Police Station Gajraula, District (Amroha) wherein all the applicants have already been acquitted by learned trial court vide orders dated 31.7.2023, copy of which is annexed as Annexure no. 5 and 6 to the affidavit. Learned counsel for applicants further submitted that once in the base case, proceeding has already been quashed/applicants have 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 Session Case no. 1066 of 2023 arising out of Case Crime no. 592 of 2022 under Section 3(1) of U.P.Gangsters and Anti-social Activities (Prevention) Act, 1986, PS- Gajraula, District Amroha are hereby quashed only in pursuance of applicants namely Bhura @ Javed, Kaluwa @ Ale Ameen @ Jahne Alam, Sonu, Adil and Amir. 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