Neutral Citation No. - 2025:AHC:129731 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 27472 of 2025 Applicant :- Mukesh Kumar Mittal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sonal Bharti Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Ms. Sonal Bharti, learned counsel for applicant and learned AGA for State. 2. Present application has been preferred with prayer to quash the charge sheet dated 10.2.2025 filed by Investigating Officer in Case Crime no. 321 of 2022 under Section 3(1) of U.P.Gangsters and Anti-Social Activities (Prevention) Act, 1986, PS- Mahrajpur, District Kanpur Nagar as well as cognizance/summoning order dated 17.4.2025 passed by learned Special Judge, Gangsters Act/Additional Sessions Judge, Court no. 10, Kanpur Nagar including entire proceeding of Session Trial no. 527 of 2025 (State vs. Rajeev Kumar Gupta and others) pending in court of Special Judge, Gangsters Act/Additional Sessions Judge, Court no. 10, Kanpur Nagar arising out of Case Crime no. 321 of 2022 under section 3(1) of U.P.Gangsters and Anti-Social Activities (Prevention) Act, 1986, PS- Mahrajpur, District Kanpur Nagar. 3. Learned counsel for applicant submitted that applicant has been falsely implicated in the present case in pursuance to Gangster Act only on the basis of one case mentioned in the gang-chart. After completion of investigation, charge-sheet has been submitted whereupon without application of judicial mind, cognizance has been taken up vide impugned order dated 17.4.2025. 4. It is contended by learned counsel for applicant that no credible evidence has been produced against the applicant. On the basis of solitary case mentioned in gang-chart, bearing Case Crime no. 99 of 2021, PS- Mahrajpur, District Kanpur, applicant has been implicated in the present Gangster proceeding which is not permissible since more than one offence is necessary to prosecute the applicant under Gangsters Act, 1986. 5. Per contra, learned AGA vehemently opposed the prayer sought through instant application. 6. Main ground raised by learned counsel for applicants is that whether on the basis of single case mentioned in gang-chart, FIR under the U.P.Gangsters & Anti-Social Activities (Prevention) Act, 1986 can be registered or not? For this issue, it is relevant to reproduce Rule 22(1) of U.P.Gangster Rules, 2021 which is as follows: "22. Criminal history not mandatory and sections of the Act can be imposed in the course of investigation - (1) A single act/omission will also constitute an offence under the Act, and First Information Report may be registered on the basis of a single case i.e., it is not mandatory that any criminal history must be recorded and alleged before registering an offence under the Act." 7. It is apparently clear from Rule 22(1) that a single act/omission can also constitute an offence under the Act of 1986 and First Information Report may be registered on the basis of a single case and as such only ground raised by learned counsel for applicant seeking quashing of entire proceeding initiated against applicant in pursuance to Gangster Act, 1986 is not sustainable in the eye of law. Rest of the grounds raised by learned counsel for applicant is subject matter of trial and is amenable before learned trial 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. In the instant case, no sufficient ground have been made out to invoke the extraordinary jurisdiction of this Court under Section 528 BNSS and as such prayer sought through instant application cannot be acceded at this stage. 8. In view of the foregoing, the application under Section 528 BNSS is devoid of merits and is accordingly dismissed. Order Date :- 31.7.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad