Neutral Citation No. - 2025:AHC:107375 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 23567 of 2025 Applicant :- Vikas Sharma Alias Guggu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Bharat Singh 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 entire proceedings of Session Case No.1130 of 2024 (State vs. Vikas Sharma and Others) arising out of Case Crime No.675 of 2024, under sections 2/3 of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, P.S. Majhola, District- Moradabad, pending in the court of learned Special Judge (Gangster Act)/Additional Sessions Judge, Court No.6, Moradabad including the charge-sheet dated 19.11.2024 as well as cognizance/summoning order dated 22.11.2024. 3. Learned counsel for the applicant submitted that the proceeding initiated against the applicant is illegal and against the material available on record and also in the present case, the investigating officer has not collected any evidence as provided under rule 6(2) of the U.P. Gangster and Anti-Social Activities (Prevention) Rules, 2021; 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 entire arguments whatsoever has been made by learned counsel for applicant is amenable only at the stage of trial; so far as the arguments specifically raised by learned counsel for applicant that no evidence is available, the same can only be examined during trial; the material whatsoever has been brought before learned court concerned for implicating in the gangster proceedings is the case, wherein the applicant has already been charge-sheeted and cognizance of offence has been taken up in pursuance to section 302 I.P.C. 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 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 :- 8.7.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad