HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 27483 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard Sri Kamal Singh, learned counsel for applicant and learned A.G.A. for State. 2. This application has been preferred for quashing the charge-sheet dated 09.03.2025, summoning order dated 13.05.2025 as well as the entire proceedings of G.S.T. No.16 of 2025 (State Vs. Shivam Gurjar @ Shrawan and others), arising out of Case Crime No.88 of 2024, under Sections 2/3 of The U.P. Gangster & Anti Social Activities (Prevention) Act, 1986, Police Station- Madhaugarh, District- Jalaun, pending in the court of learned Additional District and Session Judge/Special Judge (E.C. Act), Jalaun at Orai. 3. At the very outset, learned counsel for applicant submitted that the proceedings under the Gangster Act has been initiated against the applicant on the basis of solitary case, i.e, Case Crime No.15 of 2024, under sections 307, 34, 504 I.P.C. registered at Police Station- Madhaugarh, District- Jalaun, which has already put under challenge by the applicant but the same is still pending to be decided. Learned counsel for applicant has further submitted that a petition bearing Application u/s 482 Cr.P.C. No.32369 of 2024 preferred at the behest of co-accused challenging the entire proceeding of base case i.e Case Crime No.15 of 2024, wherein interim protection has been granted by co-ordinate Bench of this Court vide order dated 02.12.2024, through which entire proceedings arising out of Case Crime No.15 of 2024 has been stayed until further orders. It has been submitted by learned counsel for applicant that considering the fact that proceeding of Versus Counsel for Applicant(s) : Kamal Singh Counsel for Opposite Party(s) : G.A. Charitra Gurjar .....Applicant(s) State of U.P. and Another .....Opposite Party(s) base case has already been stayed qua the co-accused, this Court has already extended interim protection in favour of co-accused in the present case arising out Gangster Act vide order dated 07.07.2025 passed in Application U/S 528 BNSS, and as such, the same relief may also be given to applicant herein. 4. 4. Per contra, learned A.G.A. vehemently opposed the prayer as made through the instant application by way of submitting the interim relief in the present matter arising out of Gangster Act which has been extended in favour of co-accused, is based on the fact that proceeding of base case against the co-accused, has already been stayed but the petition which has been preferred by applicant herein seeking quashing of entire proceeding of base case, is still pending and there is hardly any interim protection granted by this Court in the said petition and as such, the same relief as granted to the co-accused, cannot be extended in favour of applicant herein. 5. After hearing rival submissions extended by learned counsel for the parties and by bare perusal of record, the arguments raised by learned AGA seem to be justified since the petition which has been preferred by applicant herein seeking quashing of entire proceeding of base case, is still pending and there is hardly any interim protection granted by this Court in the said petition and as such, no relief can be extended in favour of applicant herein. No other ground has been raised by learned counsel for applicant to challenge the entire proceeding of present case pertains to Gangster Act. 6. In view thereof, the instant application is hereby dismissed at this stage. September 24, 2025 Vivek Kr. NA528 No. 27483 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad