Neutral Citation No. - 2025:AHC:89942 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 14782 of 2025 Applicant :- Bachcha Lal Yadav And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rameshwar Singh Kushwaha Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the applicants and learned A.G.A. for the State. 2. The instant application under section 528 BNSS has been preferred to quash the charge-sheet no.456 of 2018 dated 26.06.2018 along with cognizance/summoning order dated 17.07.2018 as well as the entire proceedings of S.T. No.41 of 2018 (State vs. Bachcha Lal and Others) arising out of Case Crime No.92 of 2018, under sections 2/3 of U.P. Prevention of Damages to Public Property Act, 1986, P.S. Naini, District- Prayagraj, pending in the court of learned Special Judge, Gangster Act, Prayagraj. 3. Learned counsel for the applicants submitted that the applicants have not committed any anti-social activity and they were not involved in any anti-social activities, i.e., violence, threat or show of violence, intimidation or coercion with the object of disturbing public order, public peace or gaining any undue temporal, pecuniary, material, or other advantage, hence the proceedings initiated against the applicants under the Gangster Act is liable to be quashed by this Court. For substantiating his arguments and for highlighting the compliance of section 2b of Gangster Act, learned counsel for applicant relied upon the judgement rendered by co- ordinate Benches of this Court in case of Tej Singh and Others vs. State of U.P. and Another, decided on 24th April, 2019 in Criminal Misc. Application No.3239 of 2005. 4. Per contra, learned A.G.A. for the State vehemently opposed the prayer as made in the application and rebutted the stand taken up by learned counsel for applicant by way of submitting that the entire arguments whatsoever has been raised by learned counsel for applicants is amenable at the stage of trial. It is further submitted by learned A.G.A. that the implication of applicants initiated in respect of sections 2/3 of Gangster Act is only on the basis of criminal history which is mentioned in the gang chart of two cases, i.e., Case Crime No.302 of 2017, under sections 147, 148, 323, 352, 506 I.P.C. and Case Crime No.1119 of 2015, under sections 147, 452, 323, 352, 504, 506 I.P.C. and the same cannot be adjudicated by way of extending mini trial in favour of applicants. 5. After hearing rival submissions extended by learned counsel for the parties and by bare perusal of record, arguments made by learned A.G.A. seems to be justified and 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. 7. However, at the same time, it is made clear that liberty is hereby extended in favour of applicants for appearing before learned court concerned for seeking bail within 15 days from today, if the bail has been preferred by them within stipulated time, the same shall be considered on the same day, if possible. Till 15 days from today, no coercive action shall be taken against the applicants. Order Date :- 27.5.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad