Acquittal in the sole predicate case leaves no basis for continuing Gangsters Act proceedings.

The applicant sought relief under Section 482 of the Code of Criminal Procedure, 1973, against the charge-sheet, summoning order, and proceedings under Sections 2/3 of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986.

The gang-chart relied on a single case against him: FIR No. 138 of 2019, registered under Sections 420, 504 and 506 IPC.

The applicant stated that he had been acquitted in that case on 4 April 2026; the State did not dispute the acquittal or that this was the sole case forming the basis of the Gangsters Act proceedings.

Whether the Gangsters Act proceedings against the applicant could continue after his acquittal in the sole criminal case forming the basis of his inclusion in the gang-chart.

Whether the charge-sheet, summoning order, and related proceedings should be quashed qua the applicant.

Section 482 CrPC empowers the High Court to prevent abuse of the process of court and secure the ends of justice.

Under the Gangsters Act, the prosecution must have a basis in the anti-social activities alleged against the accused.

Relying on Farhana v. State of U.P., SLP (Crl.) No. 437 of 2023, decided 19 February 2024, the Court noted that where the sole underlying case supporting a Gangsters Act prosecution has been quashed, the foundation for continuing that prosecution is removed and its continuation may amount to an abuse of process.

The Court also relied on Qamar Intekhab v. State of U.P., Application under Section 482 No. 18572 of 2024, and its decision in Mohit Ubhan v. State of Uttarakhand, Criminal Misc. Application No. 949 of 2024, concerning Gangsters Act proceedings where the underlying cases had ended in acquittal.

The gang-chart identified only FIR No. 138 of 2019 as the basis for proceeding against the applicant.

The applicant had been acquitted in that case, and the State did not contest either the acquittal or the fact that it was the sole underlying case.

Applying the principles in Farhana, Qamar Intekhab, and Mohit Ubhan, the Court concluded that no basis remained to continue the Gangsters Act proceedings against this applicant.

It allowed the application and quashed the charge-sheet dated 10 June 2020, the summoning order dated 23 December 2020, and the proceedings in Special Sessions Trial No. 11 of 2020 qua the applicant.