HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 36799 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for applicant and learned A.G.A. for State. 2. The instant application has been preferred with the prayer to quash entire Criminal Proceeding of Special Session Trial no. 15/2025 (State vs. Prateek Singh and others) as well as charge sheet no. 226/2021, dated 09.11.2021 including cognizance/summoning order dated 17.07.2025 passed by learned Special Judge, Gangster Act, Jaunpur arising out of Case Crime no. 46/2020, under Section 3(1) of U.P. Gangster Act, PS- Badlapur, District Jaunpur. 3. At the very outset, learned counsel for applicant submitted that in identical matter, co-accused, Ankit Upadhyay, preferred Application u/s 528 BNSS no.33188 of 2025 (Ankit Upadhyay vs. State of U.P. and another) before this Court challenging the same proceeding, wherein pleadings were entertained by this Court and after seeking instructions from learned A.G.A., consideration has been drawn by this Court vide judgment and order dated 02.09.2025 (Annexure no.6), whereby 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 2020 and the similar argument has been raised by learned counsel for applicant for challenging the said proceedings. 4. Although, learned AGA opposed the prayer sought through instant application but did not disputed the fact in respect of judgment and order dated 02.09.2025. 5. In view of foregoing discussion, parity of judgment and order dated Versus Counsel for Applicant(s) : Vivek Kumar Singh Counsel for Opposite Party(s) : G.A. Pankaj Singh .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 02.09.2025 is applicable in favour of applicant and as such entire proceeding arising out of approval of gang chart which culminated into preferring the charge sheet on dated 09.11.2021, thereafter order passed by learned concerned court by way of passing summoning order on dated 17.07.2025 is hereby quashed and set aside in respect of applicant herein, in the light of judgment and order dated 02.09.2025 passed in case of Ankit Upadhyay (supra). 6. However, the above mentioned order will not preclude the concerned authorities for re-initiation of the proceedings against applicant, if required in future, in accordance with law. 7. The instant application u/s 528 BNSS stands allowed accordingly. September 23, 2025 Saif NA528 No. 36799 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad