Neutral Citation No. - 2025:AHC:118590 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 25225 of 2025 Applicant :- Abu Llais Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rakesh Kumar Singh 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 entire proceeding of Special Session Trial no. 01/2022 (State vs. Adil and others) arising out of Case Crime no. 256/2020, under Section 3(1) of U.P.Gangster and Anti-Social Activities Shahganj, District Jaunpur along with charge-sheet dated 19.10.2021 as well as cognizance/summoning order dated 12.01.2022 passed by Fifth Additional Session Judge, Jaunpur. 3. For challenging the entire proceeding initiated against the applicant in pursuance to Section 3(1) of U.P.Gangster Act, 1986, it is argued by learned counsel for applicant that applicant has been falsely implicated in the present case on the basis of three cases mentioned in the gang-chart. There is no material available against the applicant to indicate that applicant is involved in anti-social activity. Learned concerned court while passing impugned cognizance order dated 12.01.2022 has not applied judicial mind and as such the same is liable to be quashed. 4. Per contra, learned AGA vehemently opposed the prayer sought through instant application. 5. After hearing rival submission extended by learned counsels for the parties, this Court finds that assertions of false implication raised by the applicant are factual issues that requires proper adjudication by the trial court based on evidence and cannot be conclusively determined in proceedings under Section 528 BNSS. Moreover, impugned cognizance order dated 12.01.2022 is also justified and legal having been passed after application of judicial mind by learned concerned court. It is well settled that the inherent powers under Section 528 BNSS are to be exercised sparingly and with caution, primarily to prevent abuse of the process of the court or to secure the ends of justice. No other ground has been raised by learned counsel for applicant so as to warrant interference of this Court. 6. In view of the foregoing, the application under Section 528 BNSS is devoid of merits and is accordingly dismissed. However, applicant is at liberty to avail whatever remedy available at law. Order Date :- 18.7.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad