Neutral Citation No. - 2025:AHC:101611 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 21507 of 2025 Applicant :- Phool Mishra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajiv Dwivedi 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 21.08.2021 along with cognizance/summoning order dated 20.09.2021 as well as the entire proceedings of Special Case No.763 of 2021 (State vs. Phool Mishra and Others) arising out of Case Crime No.11 of 2021, under sections 2/3 of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1984, P.S. Naraini, District- Banda, pending in the court of learned Special Judge (Gangster Act), Banda. 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 rebutted the stand taken up by learned counsel for applicant by way of submitting that the averments whatsoever has been raised by learned counsel for applicant is subject matter of trial and as such prima-facie offence has been made out against 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 along with cognizance/summoning order and as such learned court concerned has rightly proceeded against the applicant, hence . 6. In view thereof, the prayer made through the instant application under section 528 BNSS cannot be extended at this stage and is hereby dismissed. 7. However, the applicant will be at liberty to avail all the other legal remedies available at law. Order Date :- 1.7.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad