HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 36369 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 no.104/2024 dated 10.03.2023 along with cognizance/summoning order dated 05.04.2023 and the entire proceedings of Session Case No.249 of 2023 (State vs. Sajaul and others), arising out of Case Crime No.256 of 2012, under Section 3(1) of The U.P. Gangster & Anti Social Activities (Prevention) Act, 1986, Police Station- Amroha Nagar, District- Amroha, pending in the court of learned Additional District and Session Judge/F.T.C. Second, Amroha. 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.189 of 2021, under sections 379, 411 IPC and sections 3/5/8 of U.P. Prevention of Cow Slaughter Act, 1955, P.S. Amroha Nagar, District- Amroha. In the said case, applicant was acquitted by learned court of Additional District and Session Judge/POCSO Act, Second, Amroha vide order dated 31.10.2023. 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 cannot go on under the Gangster Act and the entire Versus Counsel for Applicant(s) : Ajay Kumar Mishra Counsel for Opposite Party(s) : G.A. Yameen .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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 31.10.2023 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 case 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 no.104/2024 dated 10.03.2023 along with cognizance/summoning order dated 05.04.2023 and the entire proceedings of Session Case No.249 of 2023 (State vs. Sajaul and others), arising out of Case Crime No.256 of 2012, under Section 3(1) of The U.P. Gangster & Anti Social Activities (Prevention) Act, 1986, Police Station- Amroha Nagar, District- Amroha, pending in the court of learned Additional District and Session Judge/F.T.C. Second, 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 26, 2025 Saif NA528 No. 36369 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad