HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 35283 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for applicants and learned A.G.A. on behalf of the State. 2. This application has been preferred for quashing the entire proceeding of Special Session Trial no. 135 of 2016 (State vs. Shiv Om Sharma and another) arising out of Case Crime no. 833 of 2015 under Section 3(1) of U.P.Gangsters & Anti-Social Activities (Prevention) Act, 1986, PS- Bahjoe, District Sambhal and charge sheet dated 31.01.2016 as well as summoning order dated 11.03.2016. 3. Learned counsel for the applicants submitted that the proceeding under the Gangster Act has been initiated against applicants on the basis of solitary case bearing Case Crime No.557 of 2015, under Sections 376D, 506 IPC, Police Station Bahjoe, District Sambhal wherein applicants have already been acquitted by learned trial court vide order dated 24.01.2017, copy of which is annexed as Annexure no. 6 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 Act and the entire process is unsustainable and liable to be set aside. Versus Counsel for Applicant(s) : Rakesh Kumar Verma Counsel for Opposite Party(s) : G.A. Shiv Om Sharma And Another .....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 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 Special Session Trial no. 135 of 2016 (State vs. Shiv Om Sharma and another) arising out of Case Crime no. 833 of 2015 under Section 3(1) of U.P.Gangsters & Anti-Social Activities (Prevention) Act, 1986, PS- Bahjoe, District Sambhal are hereby quashed only in pursuance of applicants namely Shiv Om Sharma and Gaurav Sharma. 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 15, 2025 Shaswat NA528 No. 35283 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad