HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 34027 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard Sri Tarun Jha, learned counsel for applicant and learned A.G.A. on behalf of the State. 2. This application has been preferred for quashing the entire proceedings of Gangster Session Trial no. 74 of 2010 (State vs. Kishan Singh and others) under Section 2/3 of U.P.Gangster Act, 1986, arising out of Case Crime no. 202 of 2010, PS- Chirgaon, District Jhansi as well as charge sheet dated 23.06.2010 and cognizance order dated 31.07.2010 in GST no. 74 of 2010. 3. Learned counsel for the applicants submitted that the proceeding under the Gangster Act has been initiated against applicant nos. 1 on the basis of case bearing Case Crime No.41 of 2020, under Sections 364, 302, 201 IPC, Police Station Chirgaon, District Jhansi and Case Crime no. 42 of 2010 under sections 341, 294, 323 IPC and against applicant nos. 2 and 3 on basis of Case Crime No.41 of 2020, under Sections 364, 302, 201 IPC, Police Station Chirgaon, District Jhansi wherein applicants have already been acquitted by learned trial court vide orders dated 03.11.2015 and 20.03.2010, copy of which is annexed as Annexure no. 3 and 4 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 Versus Counsel for Applicant(s) : Tarun Jha Counsel for Opposite Party(s) : G.A. Kishan Singh Yadav And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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 Gangster Session Trial no. 74 of 2010 (State vs. Kishan Singh and others) under Section 2/3 of U.P.Gangster Act, 1986, arising out of Case Crime no. 202 of 2010, PS- Chirgaon, District Jhansi are hereby quashed only in pursuance of applicants namely Kishan Singh Yadav, Sumit Yadav and Ghanshyam. 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. September 9, 2025 Shaswat NA528 No. 34027 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad