HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 34752 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 19.06.2025, cognizance/summoning order dated 25.07.2025 and the entire proceedings of Session Case No.11 of 2025 (State Vs. Kamlesh Kumar Yadav and others), arising out of Case Crime No.581 of 2021, under Sections 2/3 of The U.P. Gangster & Anti Social Activities (Prevention) Act, 1986, Police Station- Handia, District- Prayagraj, pending in the court of learned Special Judge, Gangster Act, Prayagraj. 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.54 of 2021, under sections 3/5A/8 of U.P. Prevention of Cow Slaughter Act, 1955, wherein the proceedings initiated against the applicant has been quashed by co-ordinate Bench of this Court vide order dated 27.11.2024. Learned counsel for applicant further submitted that once in the base case, the proceedings initiated against the applicant has been quashed, 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 process is unsustainable and liable to be set aside. Versus Counsel for Applicant(s) : Gyan Chandra Yadav Counsel for Opposite Party(s) : G.A. Kamlesh Kumar Yadav .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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 27.11.2024 passed by co-ordinate Bench of this Court. 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 the proceedings of base case initiated against applicant has already been quashed, the charge-sheet dated 19.06.2025, cognizance/summoning order dated 25.07.2025 and the entire proceedings of Session Case No.11 of 2025 (State Vs. Kamlesh Kumar Yadav and others), arising out of Case Crime No.581 of 2021, under Sections 2/3 of The U.P. Gangster & Anti Social Activities (Prevention) Act, 1986, Police Station- Handia, District- Prayagraj, pending in the court of learned Special Judge, Gangster Act, Prayagraj, 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 11, 2025 Saif NA528 No. 34752 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad