HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 36908 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. The present application under Section 528 BNSS, has been filed for quashing the entire proceeding of Special Session Trial no. 95 of 2023 arising out of Case Crime no. 365 of 2020 related to charge sheet dated 31.10.2021 and cognizance order dated 25.01.2023 (State vs. Abhay Yadav and others) under Section 3(1) of U.P.Gangster and Anti-Social Activities (Prevention) Act, 1986, PS- Lanka, District Varanasi as well as summoning order dated 25.01.2023 and non-bailable warrant dated 06.01.2023. 3. While assailing entire proceeding and cognizance order, it is contended by learned counsel for applicant that applicant has been falsely implicated in the present case. Applicant has no association with the other co-accused persons shown as accused in the gang-chart. There is nothing available in the record to demonstrate that applicant is indulged in criminal and anti-social activities, hence the entire proceeding is liable to be set aside. It is also submitted that impugned NBW order is against the facts and law. The applicant had no knowledge about the proceedings initiated against him due to which he could not appear on the date fixed by the trial Court, hence, non- bailable warrant was issued against the applicant. 4. Per contra, learned A.G.A opposed the prayer. 5. From perusal of records, this Court finds that the assertions of false implication raised by the applicant are factual issues that requires proper Versus Counsel for Applicant(s) : Satyendra Kumar Singh Counsel for Opposite Party(s) : G.A. Ashutosh Kumar .....Applicant(s) State of U.P. and Another .....Opposite Party(s) adjudication by the trial court based on evidence and cannot be conclusively determined in proceedings under Section 528 BNSS. In proceeding u/s 528 BNSS, this Court is not inclined to hold mini-trial. 6. However, Non-Bailable Warrant has been issued on dated 6.1.2023, therefore, considering the facts and circumstances of the matter, applicant is directed to appear before the learned court concerned in pursuance to impugned NBW order dated 6.1.2023 within three weeks from today. Till three weeks from today, no coercive action shall be initiated against the applicant. After the expiry of aforesaid period of three weeks, learned concerned court is directed to proceed as per law. 7. With the aforesaid observation, the application is disposed of. September 24, 2025 Shaswat NA528 No. 36908 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad