Neutral Citation No. - 2025:AHC:140457 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 5331 of 2025 Applicant :- Jagdish Ojha Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abhishek Tripathi,Akhilesh Kumar Mishra,Kali Shanker Tiwari Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Pleadings have already been exchanged. 2. Heard learned counsel for applicant and learned AGA for State. 3. Present application has been preferred with prayer to quash/set aside the cognizance/summoning order dated 23.01.2025 passed by learned Additional District and Session Judge Court no. 6/Special Judge, Gangster Act, Gorakhpur and chargesheet dated 21.01.2025 as well as entire criminal proceeding of S.C. no. 536/2025 (State vs. Sarvesh Tiwari and others) arising out of Case Crime no. 01/2024, under Section 2B (XVII), 3(1) U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, PS- Gola, District Gorakhpur pending before Additional District and Session Judge, Court no. 6/Special Judge, Gangster Act, Gorakhpur. 4. At the very outset, learned counsel for the applicant submitted that applicant challenged the FIR of present Case Crime no. 01/2024 by way of filing Criminal Misc. Writ Petition no. 1011 of 2024 (Jagdish Ojha vs. State of U.P. and 3 Others) and he sought the attention of the Court over the order dated 01.02.2024 passed by co-ordinate Bench of this Court in Criminal Misc. Writ Petition no. 1011 of 2024 (Jagdish Ojha vs. State of U.P. and 3 Others) wherein prima facie after recording satisfaction, it is directed that till the next date of listing, no coercive action shall be taken against the petitioner in pursuant to the aforesaid FIR. 5. Learned counsel for the applicant submitted that in spite of order dated 08.02.2024, concerned Investigating Officer conducted detailed inquiry and submitted charge-sheet whereupon cognizance of offence has been taken up on dated 23.01.2025 by learned Additional District and Session Judge Court no. 6/Special Judge, Gangster Act, Gorakhpur. The summoning order issued in pursuance to Section 193 of Cr.P.C, directly comes under the ambit of coercive action which has already been restrained by Division Bench of this Court vide order dated 01.02.2024. Proceeding of Section 173 Cr.P.C. initiated at the behest of Investigating Officer and power exercised by learned Sessions Court, under Section 193 Cr.P.C. is directly in the teeth of the order dated 01.02.2024. 6. Per contra, learned AGA vehemently opposed the prayer sought through instant application but could not dispute the aforesaid facts. 7. After hearing the rival submissions extended by learned counsel for the parties, the entire proceeding conducted by the Investigating Officer and learned Additional District and Session Judge Court no. 6/Special Judge, Gangster Act, Gorakhpur, after order dated 01.02.2024 passed by Division Bench of this Court is redundant and the same is liable to be set aside. 8. In view of aforementioned facts and circumstances, entire proceeding in shape of charge-sheet dated 21.01.2025 as well as cognizance order dated 23.01.2025 is hereby quashed and set aside. 9. The application u/s 528 BNSS stands allowed. However, it is made clear that the above mentioned order shall be applicable only in respect of applicant namely, Jagdish Ojha. Order Date :- 18.8.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad