Neutral Citation No. - 2025:AHC:144327 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 27295 of 2025 Applicant :- Virendra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dinesh Kumar,Tripti Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Sri Dinesh Kumar, learned counsel for applicant and Sri Pawan Srivastava, learned AGA. 2. The present application has been preferred for seeking quashing of the chargesheet dated 10.07.2002 and order dated 03.01.2003 as well as entire proceedings of G.S.T. No.68 of 2003 (State Vs. Prakash and others), arising out of Case Crime No.144 of 2001, under Section 60 of Excise Act and Section 2/3 of U.P. Gangster Act, P.S. Refinary, District Mathura, pending in the court of learned Additional District and Sessions Judge, Court No.5/Special Judge (Gangster Act), Mathura. Further prayer has also been made to stay the non-bailable warrant issued against applicant on dated 01.08.2006. 3. Learned counsel for applicant has submitted that merely on the basis of implication of applicant in the base case pertains to Excise Act, gangster proceeding cannot be invoked against him. Learned counsel for applicant has further submitted that he has been falsely implicated in the present case on the basis of confessional statement of co-accused. It has also been argued by learned counsel for applicant that without conducting fair investigation, the concerned Investigating Officer submitted chargesheet against applicant but without considering the said facts and without applying its judicial mind, learned court concerned took cognizance of offence over the said chargesheet which is abuse of process of law and as such, same may be quashed. 4. Per contra, learned AGA vehemently opposed the prayer sought through the instant application and rebutted the stand taken up by learned counsel for applicant by way of submitting that as per Section 2(b)(ii) of the Gangster Act, offence committed in the contravention of Excise Act, is also comes under the ambit of gangster and as such, implication of applicant in the base case pertains to Excise Act, gangster proceeding can be invoked against him. Learned AGA has further submitted that the other contentions which are sought to be raised on behalf of applicant, would relate to disputed questions of fact, and would involve appreciation of evidence. It is submitted that at the time of taking cognizance, only a prima facie case is to be seen and the court concerned is not expected to hold a mini trial. 5. After having the rival contentions raised by learned counsel for parties, the Court notes that as per Section 2(b)(ii) of the Gangsters Act, an offence committed in contravention of the provisions of the Excise Act, also falls within the ambit of 'gangster activity'. Since the implication of the applicant in the base case, relates to an offence under the Excise Act, the proceedings under the Gangsters Act, can validly be invoked against him. It is further evident from the record that the applicant has approached this Court after an inordinate delay of about 22 years, as the order under challenge dates back to the year 2003. In the absence of any satisfactory explanation for condonation of such delay and laches, no relief as prayed for, can be extended to the applicant. 6. Lastly, learned counsel for applicant submitted that liberty may be granted to applicant to appear before the court concerned in pursuance of non-bailable warrant issued against him to which learned AGA has no objection. 7. In view of last submission, the instant application is finally disposed of with a direction to the applicant to appear before learned court concerned in pursuance of non-bailable warrant within one month from today. Till one month from today, no coercive action shall be initiated against the applicant in pursuance of non-bailable warrant issued against him. After the expiry of aforesaid period of one month, learned concerned court shall proceed as per law. Order Date :- 13.8.2025 Vivek Kr. Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad