HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 34096 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for applicant and learned A.G.A. on behalf of the State. 2. This application has been preferred for quashing the charge sheet dated 08.09.2002, cognizance/summoning order dated 12.11.2002 and entire proceeding of Special Case no. 412 of 2002 (State vs. Jahid and others) pending before learned court of Additional District Judge, Court no. 5, Gangster Act, Muzaffarnagar, arising out of Case Crime no. 410/2001 under Section 2/3 U.P.Gangsters and Antisocial Activities (Prevention) Act, 1986, PS- Khatauli, District Muzaffarnagar against the applicant. 3. Learned counsel for the applicant submitted that the proceeding under the Gangster Act has been initiated against applicant on the basis of three cases bearing Case Crime Nos. 485 of 2001, under Sections 395, 397, 412 IPC, Police Station Rajabpur, District Amroha, Case Crime no. 259 of 2001 under sections 147, 148, 307/149 IPC, PS- Khatauli, District Muzaffarnagar and Case Crime no. 264 of 2001 under Section 25 Arms Act, PS- Khatauli, District Muzaffarnagar wherein applicant has already been acquitted by learned trial court vide order dated 27.01.2013 and 26.02.2011, copy of which is annexed as Annexure no. 5 and 6 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 Versus Counsel for Applicant(s) : Gaurav Srivastav, Rajesh Kumar Srivastava Counsel for Opposite Party(s) : G.A. Hussain .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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 applicant has been acquitted, entire proceedings of Special Case no. 412 of 2002 (State vs. Jahid and others) arising out of Case Crime no. 410/2001 under Section 2/3 U.P.Gangsters and Antisocial Activities (Prevention) Act, 1986, PS- Khatauli, District Muzaffarnagar are hereby quashed only in pursuance of applicant herein. 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 applicant. September 9, 2025 Shaswat NA528 No. 34096 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad