Neutral Citation No. - 2025:AHC:66312 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 9079 of 2025 Applicant :- Javed Opposite Party :- State of U.P. and Another Counsel for Applicant :- D.M.Tripathi,Rahul Tiwari Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. The instant application under section 528 BNSS has been preferred to quash the charge-sheet dated 31.10.2024, cognizance/summoning order dated 15.11.2024 and the entire proceedings of S.T. No.1058 of 2024 (State vs. Javed) arising out of Case Crime No.0334 of 2023, under sections 2/3 of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1984, P.S. Simbhawali, District- Hapur, pending in the court of learned Additional District and Session Judge, Fast Track Court 2nd, Hapur as well as to stay the further proceedings of abovementioned trial. 3. Learned counsel for the applicant submitted that the proceeding initiated against the applicant is illegal and against the material available on record; the material of investigation does not disclose commission of any alleged offences against the applicant and as such the proceedings initiated against the applicant including the impugned charge-sheet and cognizance/summoning order are liable to be quashed by this Court. 4. Per contra, learned A.G.A. for the State vehemently opposed the prayer as made in the application and submitted that after considering the material available on record, charge-sheet has been submitted against the applicant upon which learned court concerned has rightly taken cognizance and summoned the applicant. 5. After hearing rival submissions extended by learned counsel for the parties and by bare perusal of record, there appears no illegality and impropriety in the impugned charge-sheet and cognizance/summoning order and as such learned court concerned has rightly proceeded against the applicant. 6. In view thereof, the instant application under section 528 BNSS lacks merit and is hereby dismissed. Order Date :- 28.4.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad