HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 23001 of 2026 Court No. - 75 HON'BLE DR. GAUTAM CHOWDHARY, J. 1. Heard learned counsel for applicants, Sri Rajendra Singh, learned A.G.A. for State and perused the material on record. 2. This application has been preferred for quashing the entire proceedings of S.C.No.21 of 2025 (State Vs. Manoj Dubey and others) arising out of Case Crime No.626 of 2023 under Section 2B(1), 3(1) of U.P.Gangsters Act, Police Station Cantt.,, District Gorakhpur pending before learned Additional District Judge 2nd/Gangsters Court, District Gorakhpur as well as to quash the charge sheet dated 27.04.2024 and also to quash the cognizance order dated 01.01.2025 passed in the aforesaid case. 3. Learned counsel for the applicants has submitted that the proceeding under the Gangster Act has been initiated against applicants on the basis of solitary case bearing Case Crime No.220 of 2023, under Sections 420, 506 I.P.C., Police Station Cantt., District Gorakhpur, which proceedings have been quashed by this Court vide order dated 18.09.2025 passed in Application U/s 482 Cr.P.C. No. 35738 of 2024 (Radhey Shyam Singh and 2 others Vs. State of U.P. and another), copy of which, is annexed as Annexure-7 to the affidavit accompanying the application. He further submits that no cause of action survives before prosecution to initiate proceedings under the Gangster Act against the applicants. Learned counsel for applicants further submitted that once in the base case, proceeding has already been quashed, 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/dismissed the impugned proceeding cannot go on under the Gangster Act and the entire process is unsustainable and Versus Counsel for Applicant(s) : Ripusudan Dubey, Savita Dubey Counsel for Opposite Party(s) : G.A. Amit Kumar Shukla And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s) liable to be set aside. 4. Per contra, learned A.G.A. vehemently opposed the prayer sought through the instant applicants and submitted that the proceeding on account of quashing/acquittal or dismissal if predicate offence of the FIR/Chargesheet of the FIR under the Gangsters Act cannot be quashed. In support of his submissions, learned AGA relied upon the judgment passed by coordinate Bench of this Court in Paras Chaudhary Vs. State of U.P. and another [Appl. U/S 482 No.11117 of 2024, decided on 03.05.2024]. 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 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, Sartaj Vs. State of U.P. rendered by this Court in Appl. U/S 482 No.11645 of 2007] and Gyanendra Chaudhary vs. State of U.P. rendered by this Court in the Application under Section 482 Cr.P.C. No.43910 of 2022. 6. In wake of the preceding discussion, since the base case has been quashed, thus the entire proceedings of S.C.No.21 of 2025 (State Vs. Manoj Dubey and others) arising out of Case Crime No.626 of 2023 under Section 2B(1), 3(1) of U.P.Gangsters Act, Police Station Cantt., District Gorakhpur pending before learned Additional District Judge 2nd/Gangsters Court, District Gorakhpur as well as the charge sheet dated 27.04.2024 and alsothe cognizance order dated 01.01.2025 passed in the aforesaid case, are hereby quashed as against the applicants. 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. (Dr. Gautam Chowdhary,J.) September 29, 2026 S.Ali NA528 No. 23001 of 2026 2 Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad