HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 36140 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 charge-sheet dated 09.12.2008 along with cognizance/summoning order dated 20.12.2008 and the entire proceedings of Gangster Session Trial No.235 of 2008 (State Vs. Ramesh and Others) arising out of Case Crime No.1374 of 2008, under Sections 2/3 of The U.P. Gangster & Anti Social Activities (Prevention) Act, 1986, Police Station- Mauranipur, District- Jhansi, pending in the court of learned Special Judge, Gangster Act, Jhansi. 3. Learned counsel for the applicants submitted that the proceeding under the Gangster Act has been initiated against applicants on the basis of three cases bearing Case Crime Nos.1058 of 2008, 1059 of 2008 and 1060 of 2008. In the said cases, all the applicants were acquitted by learned courts concerned vide order dated 07.10.2010 and 15.02.2022, the said orders are annexed as Annexure Nos.3 and 4 to the affidavit. Learned counsel for applicants further submitted that once in the base cases, applicants have been exonerated/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 cases is already quashed or the applicants have 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 Versus Counsel for Applicant(s) : Tarun Jha Counsel for Opposite Party(s) : G.A. Ramesh And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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 applicants, but at the same he did not dispute the orders dated 07.10.2010 and 15.02.2022 passed by learned courts concerned. 5. After having the rival contentions raised by learned counsel for parties, it is crystal clear that in the base cases depicted in the gang chart, applicants have 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 applicants have already been acquitted in the base cases, charge-sheet dated 09.12.2008 along with cognizance/summoning order dated 20.12.2008 and the entire proceedings of Gangster Session Trial No.235 of 2008 (State Vs. Ramesh and Others) arising out of Case Crime No.1374 of 2008, under Sections 2/3 of The U.P. Gangster & Anti Social Activities (Prevention) Act, 1986, Police Station- Mauranipur, District- Jhansi, pending in the court of learned Special Judge, Gangster Act, Jhansi, are hereby quashed only in pursuance of applicants 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 applicants. September 25, 2025 Saif NA528 No. 36140 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad