HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 37043 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard Sri Brijesh Kumar Yadav holding brief of Sri Janardan Yadav, learned counsel for applicants and learned AGA for State. 2. Present application has been preferred with the following prayers:- "... to quash the summoning order dated 8.9.2023 passed by learned Additional District & Session Judge/Special Judge, Gangster Act, Court no. 6, and charge sheet dated 31.08.2023 as well as entire proceeding of Special Session Trial no. 76/2023 (State vs. Pramod Tiwari and others) arising out of Case Crime no. 46/2023 under Section 3(1) of U.P.Gangster Act, PS- Kaptanganj, District Azamgarh." 3. At the very outset, learned counsel for applicants submitted that in identical matter, co-accused Ram Avadh Kevat preferred Application u/s 528 BNSS no. 31087 of 2025 (Ram Avadh Kevat vs. State of U.P.) before this Court challenging the same proceedings, wherein judgment and order dated 8.9.2025 (Annexure no. 5) has been passed on the basis of instructions whatsoever has been received by learned AGA and it is specifically mentioned under para 4 of said judgment that it is not disputed by learned AGA that no joint meeting has been conducted and vide said judgment entire proceeding has been quashed and set aside. It is submitted that instant application has been preferred at the behest of applicant who is also implicated in same Case Crime no. 46 of 2023 and the similar argument has been raised by learned counsel for applicant for challenging the said proceedings. Versus Counsel for Applicant(s) : Janardan Yadav Counsel for Opposite Party(s) : G.A. Pramod Tiwari And 2 Others .....Applicant(s) State of U.P. .....Opposite Party(s) 4. Although, learned AGA opposed the prayer sought through instant application but did not disputed the fact in respect of judgment dated 8.9.2025. 5. In view of foregoing discussion, parity of judgment and order dated 8.9 .2025 is applicable in favour of applicants and as such entire proceeding arising out of approval of gang chart which culminated into preferring the charge sheet on dated 31.08.2023 thereafter order passed by learned concerned court by way of passing summoning order on dated 8.9.2023 is hereby quashed and set aside in respect of applicants namely Pramod Tiwari, Sahab @ Noor Mohammad and Suraj Nishad, in the light of judgment and order dated 8.9.2025 passed in case of Ram Avadh Kevat (supra). 6. However, the above mentioned order will not preclude the concerned authorities for re-initiation of the proceedings against applicants, if required in future, in accordance with law. 7. The instant application u/s 528 BNSS stands allowed accordingly. September 24, 2025 Shaswat NA528 No. 37043 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad