Neutral Citation No. - 2025:AHC:119872 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 24599 of 2025 Applicant :- Chhotu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manjulesh Kumar Shukla,Yogesh Dutta Mishra Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the parties. 2. Present application has been preferred with prayer to quash the further proceeding against the applicant and charge-sheet dated 23.05.2008 as well as summoning order dated 21.06.2008 in G.S.T. no. 157/2008 (State vs. Chhotu and others) arising out of Case Crime no. 51/2008 under Section 2/3 of U.P.Gangsters and Anti-Social Activities (Prevention) Act, 1986, PS- Konch, District Jalaun, pending before learned Special Judge (E.C. Act)/Gangster Act, Jalaun at Orai. 3. It is submission of learned counsel for applicant that vide order dated 31.05.2022 applicant has been declared as juvenile and the matter is under trial before Juvenile Justice Board against the applicant but in the year 2008 when the gang-chart has been prepared, applicant was also implicated in Case Crime no. 51 of 2008 but at the same time, it is fairly accepted by learned counsel for the applicant that this fact has never been brought to the notice of learned court concerned wherein the cognizance of offence has been taken up vide order dated 21.06.2008 itself and now the instant application has been preferred at the behest of applicant for seeking quashing of the entire proceeding only on the basis of order dated 31.05.2022 through which applicant has been declared as juvenile. 4. Per contra, learned AGA vehemently opposed the prayer on the ground that this fact which is taken as a ground for quashing entire proceeding has never been apprised to the learned court concerned and as such nothing can be adjudicated only on the ground that the applicant has been declared juvenile only after initiation of the proceedings under the Gangster Act in the year 2022. 5. After hearing rival submissions extended by learned counsels for the parties, this Court finds that the prayer as sought through instant application cannot be acceded at this stage. However, liberty is open in favour of the applicant to pursue his discharge application in pursuance to order dated 31.05.2022 through which applicant has already been declared juvenile before learned concerned court. 6. The application u/s 528 BNSS stands disposed of accordingly. Order Date :- 22.7.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad