HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 34851 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for applicant and learned A.G.A. appearing on behalf of opposite party nos.1 and 2. 2. This application has been preferred for quashing the entire proceedings of Special Case No.390 of 2010 (State Vs. Vinod Kumar Chaurasiya) arising out of Case Crime No.447 of 2009, under Section 3(1) of The U.P. Gangster & Anti Social Activities (Prevention) Act, 1986, Police Station- Lanka, District- Varanasi, pending in the court of learned Additional Session Judge/Special Judge, Gangster Act, Court No.13, Varanasi. Further prayer has been made to quash the impugned order dated 18.08.2025 passed by learned court concerned, through which discharge application preferred on behalf of applicant was rejected. 3. Learned counsel for the applicant submitted that the proceeding under the Gangster Act has been initiated against applicant on the basis of solitary case bearing Case Crime No.343 of 2009, under sections 302, 120B, 34 I.P.C., P.S. Lanka, District- Varanasi. In the said case, applicant was acquitted by learned court of Additional Session Judge, Court No.7, Varanasi vide order dated 10.06.2022. Learned counsel for applicant further submitted that once in the base case applicant has been exonerated/acquitted, the instant proceeding under the Gangster Act cannot be drawn. In support of his submission, learned counsel for applicant 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 Versus Counsel for Applicant(s) : Devesh Kumar Counsel for Opposite Party(s) : G.A. Vinod Kumar Chaurasiya Alias Vinod Chaurasiya .....Applicant(s) State of U.P. and Another .....Opposite Party(s) process is unsustainable and liable to be set aside. 4. Per contra, learned A.G.A. vehemently opposed the prayer sought through the instant application and rebutted the stand taken up by learned counsel for applicant, but at the same he did not dispute the order dated 10.06.2022 passed by learned court concerned. 5. After having the rival contentions raised by learned counsel for parties, it is crystal clear that in the base case depicted in the gang chart, applicant has already been acquitted and once the proceedings of the base case depicted in the gang chart is 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 the applicant has already been acquitted in the base case, the entire proceedings of Special Case No.390 of 2010 (State Vs. Vinod Kumar Chaurasiya) arising out of Case Crime No.447 of 2009, under Section 3(1) of The U.P. Gangster & Anti Social Activities (Prevention) Act, 1986, Police Station- Lanka, District- Varanasi, pending in the court of learned Additional Session Judge/Special Judge, Gangster Act, Court No.13, Varanasi, is 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 11, 2025 Saif NA528 No. 34851 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad