HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 35249 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. This application under section 528 BNSS has been preferred to quash the impugned charge-sheet dated 24.01.2023 as well as summoning/cognizance order dated 31.03.2023 including the entire proceedings of S.S.T. No. 544 of 2023 (State vs. Abdul Rahim & Others) arising out of Case Crime No. 310 of 2022, under sections 3(1) of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station-Mudhapandey, District- Moradabad, pending in the Court of learned Special Judge, Gangster Act/A.D.G., Court no. 5, Moradabad as well as to stay the further proceedings of abovementioned case. 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. 139 of 2022, under Section 3/5/8 of U.P. Prevention of Cow Slaughter Act, 1955 and Section 11 of Prevention of Cruelty to Animals Act, Police Station-Mudhapandey, District-Moradabad, wherein vide order dated 24.07.2024 passed by learned concerned court, applicant has already been acquitted. Learned counsel for applicant further submitted that once in the base case, proceeding has already 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 Versus Counsel for Applicant(s) : Salman Ahmad, Saqib Meezan Counsel for Opposite Party(s) : G.A. Farman Qureshi .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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 application but did not dispute the fact that applicant has already been acquitted in the base case. 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 have 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 applicant has already been acquitted in the base case, charge-sheet dated 24.01.2023 as well as summoning/cognizance order dated 31.03.2023 including the entire proceedings of S.S.T. No. 544 of 2023 (State vs. Abdul Rahim & Others) arising out of Case Crime No. 310 of 2022, under sections 3(1) of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station-Mudhapandey, District-Moradabad, pending in the Court of learned Special Judge, Gangster Act/A.D.G., Court no. 5, Moradabad, 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 15, 2025 #Vik/- NA528 No. 35249 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad