HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 36773 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 08.05.2017, cognizance/summoning order dated 10.07.2017 and the entire proceedings of Special Session Trial No.40 of 2017 (State Vs. Aditya and others) arising out of Case Crime No.346 of 2016, under Section 3(1) of The U.P. Gangster & Anti Social Activities (Prevention) Act, 1986, Police Station- Nehtaur, District- Bijnor, pending in the court of learned Additional District and Session Judge/Special Judge, Gangster Act, Court No.6, Bijnor. 3. Learned counsel for the applicants submitted that the proceeding under the Gangster Act has been initiated against applicant no.1 on the basis of solitary case bearing Case Crime No.48 of 2016, under sections 302, 149, 201, 120B I.P.C., P.S. Nehtaur, District- Bijnor; whereas the instant proceedings has been initiated against applicant no.2 on the basis of two cases, which are Case Crime No.56 of 2016 in pursuance to sections 4/25 of Arms Act along with the above-mentioned case, i.e., Case Crime No.48 of 2016. In the said Case Crime No.48 of 2016, both the applicants were acquitted by learned court of Additional Session Judge, Court No.3, Bijnor vide order dated 08.05.2025, whereas in Case Crime No.56 of 2016 in pursuance to sections 4/25 of Arms Act in respect of applicant no.2, it is submitted by learned counsel for applicant that it is settled law that the gangster proceedings would not continue based upon the charge-sheet filed under section 25 of Arms Act and as such the proceedings initiated against the applicant under Versus Counsel for Applicant(s) : Bhupendra Kuamr Tripathi Counsel for Opposite Party(s) : G.A. Devendra And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s) Gangster Act is liable to be quashed. 4. Learned counsel for applicants further submitted that once in the base case 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 case 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 aside. 5. 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 order dated 08.05.2025 passed by learned court concerned as well as the fact that the other case mentioned in the gang chart is related to section 25 of Arms Act, which does not fall under the category of criminal cases for initiating proceedings under Gangster Act. 6. 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]. 7. In wake of the preceding discussion, since the applicant has already been acquitted in the base case and the other case is related to Arms Act, charge- sheet dated 08.05.2017, cognizance/summoning order dated 10.07.2017 and the entire proceedings of Special Session Trial No.40 of 2017 (State Vs. Aditya and others) arising out of Case Crime No.346 of 2016, under Section 3(1) of The U.P. Gangster & Anti Social Activities (Prevention) Act, 1986, Police Station- Nehtaur, District- Bijnor, pending in the court of learned NA528 No. 36773 of 2025 2 Additional District and Session Judge/Special Judge, Gangster Act, Court No.6, Bijnor, are hereby quashed only in pursuance of applicants herein. 8. The present application is, accordingly, allowed. 9. 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 23, 2025 Saif NA528 No. 36773 of 2025 3 (Saurabh Srivastava,J.) Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad