HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 35851 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 07.02.2017, cognizance/summoning order dated 29.10.2017 and the entire proceedings of Special Session Case No.92 of 2017 (State Vs. Tahajib and Another) arising out of Case Crime No.327 of 2016, under Section 3(1) of The U.P. Gangster & Anti Social Activities (Prevention) Act, 1986, Police Station- Didauli, District- Amroha, pending in the court of learned Additional District and Session Judge/F.T.C. IInd, Amroha in respect of applicant herein. 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.115 of 2016, under sections 3/5A/8 of U.P. Prevention of Cow Slaughter Act and sections 3/11 Prevention of Cruelty to Animals Act, P.S. Didauli, District- Amroha. In the said case, applicant was acquitted by learned court of Chief Judicial Magistrate, Amroha vide order dated 08.10.2024, the said order is annexed as Annexure No.5 to the affidavit. 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 Versus Counsel for Applicant(s) : Pankaj Sharma, Prashant Sharma Counsel for Opposite Party(s) : G.A. Mobin .....Applicant(s) State Of U.P. And Another .....Opposite Party(s) 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 and rebutted the stand taken up by learned counsel for applicant, but at the same he did not dispute the order dated 08.10.2024 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 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 applicant has already been acquitted in the base case, charge-sheet dated 07.02.2017, cognizance/summoning order dated 29.10.2017 and the entire proceedings of Special Session Case No.92 of 2017 (State Vs. Tahajib and Another) arising out of Case Crime No.327 of 2016, under Section 3(1) of The U.P. Gangster & Anti Social Activities (Prevention) Act, 1986, Police Station- Didauli, District- Amroha, pending in the court of learned Additional District and Session Judge/F.T.C. IInd, Amroha, 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 17, 2025 Saif NA528 No. 35851 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad