Neutral Citation No. - 2025:AHC:87493 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 7067 of 2025 Applicant :- Sheikh Ejaj Ahmad Alias Ejaz Boxer Opposite Party :- State of U.P. and Another Counsel for Applicant :- Devendra Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the parties. 2. Present application has been preferred with prayer to quash entire proceeding in pursuance to charge sheet dated 14.08.2021 submitted by Investigating Officer in S.T. no. 449 of 2022 arising out of Case Crime no. 353 of 2020 (State of U.P. vs. Sheikh Ejaz Ahmad & others) under Section 2/3 of U.P.Gangster & Anti-Social Activities (Prevention) Act, 1986 at PS- Kotwali, District Fatehpur pending in court of learned Special Judge (Gangster Act), Fatehpur as well as cognizance order dated 27.05.2022 passed thereon. 3. Brief facts of the case as narrated by learned counsel for applicant is that FIR has been lodged against applicant and two other co-accused persons under Section 2/3 of U.P.Gangster and Anti-Social Activities (Prevention) Act, 1986, alleging therein that applicant is a gang-leader of a gang and total 11 cases have been registered against the applicant. After completing investigation, charge sheet has been submitted whereupon cognizance has been taken up by learned court concerned vide impugned order dated 27.05.2022. 4. It is contended by learned counsel for applicant that proceeding of cases which has been mentioned in the gang-chart has already been stayed by this Court. No offence under Section 2/3 of U.P.Gangster and Anti-Social Activities (Prevention) Act, 1986 is made out against the applicant. Applicant is not involved in anti- social activities and has been falsely implicated in present case hence on basis of aforementioned grounds entire proceeding is liable to be quashed and set aside. 5. Per contra, learned AGA vehemently opposed the prayer sought through instant application. 6. After hearing the submissions made by the learned counsel for the parties and upon perusal of the record, including the FIR, it is observed that prima facie offence is made out against the applicant. The assertions of false implication raised by the applicant are factual issues that requires proper adjudication by the trial court based on evidence and cannot be conclusively determined in proceedings under Section 528 BNSS. 7. No other ground has been argued by learned counsel for applicant. It is well settled that the inherent powers under Section 528 BNSS are to be exercised sparingly and with caution, primarily to prevent abuse of the process of the court or to secure the ends of justice. In the instant case, no sufficient ground have been made out/raised to invoke the extraordinary jurisdiction of this Court under Section 528 BNSS. 8. In view of the foregoing, the application under Section 528 BNSS is devoid of merits and is accordingly dismissed. Order Date :- 21.5.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad