Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 18642 of 2025 Applicant :- Tayyab Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rakesh Kumar Verma 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. Present 528 BNSS application has been filed seeking quashing charge sheet dated 21.07.2023, cognizance/summoning order dated 30.08.2023 as well as entire proceeding of Sessions Case No. 1402 of 2022(State Vs. Waseem & Others), arising out of case crime No. 442 of 2022, under Sections-147, 341, 352, 332, 504, 353, 384, 395 IPC, Section 21(4) of Khan Evam Khanij(Vikas Ka Viniyam) Adhiniyam and Section 3 of Lok Sampatti Nivaran Adhiniyam, so far as concern with Section 3(1) of U.P. Gangsters & Anti-Social Activities(Prevention) Act, 1986, Police Station- Thakurdwaa, District-Moradabad, pending in the Court of Special Judge(Gangster Act)/Additional Session Judge, Court no. 5, Moradabad. 3. Learned counsel for the applicant submitted that in the present matter, gang chart was approved by the District Magistrate, but without lodging of FIR under Section 3(1) of U.P. Gangsters & Anti-Social Activities(Prevention) Act, 1986(herein after, referred to as, 'Act of 1986'), charge sheet has been submitted by Police Station-Thakurdwaa, District-Moradabad in Case Crime No. 442 of 2022. He firmly submitted that to initiate criminal proceeding under Section 3(1) of Act of 1986, it is statutory requirement to lodge FIR under said Section, but trial Court, upon the charge sheet dated 21.07.2023, has issued summoning order, which is bad and liable to be set aside. It is also submitted that co-accused approached this Court by way of filing Crl. Misc. Application u/s 482 Cr.P.C. nos. 42935 of 2023, 45140 of 2023 and 45144 of 2023 wherein co-ordinate Bench of this Court vide orders dated 01.12.2023, 04.01.2024 and 18.01.2024 respectively granted interim protection in favour of the co-accused persons and as such applicant seeks parity with them. 4. Learned A.G.A. prays for and is granted four weeks time for filing counter affidavit. Two weeks thereafter for rejoinder, if any. 5. List thereafter. 6. Till the next date of listing, summoning order dated 30.08.2023 in respect of Section 3(1) of U.P.Gangster and Anti-Social Activities (Prevention) Act, 1986 shall remain stayed against the applicant, however, criminal proceedings under others sections are permitted to proceeded with. Order Date :- 30.5.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad