Neutral Citation No. - 2025:AHC:140698 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 30030 of 2025 Applicant :- Dinesh Kumar Singh And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amar Nath Vishwakarma,Shailesh Kumar Shukla 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 order dated 29.04.2025 passed by learned Additional District & Session Judge/Special Judge, Gangster Act, Court no. 13, Varanasi rejecting discharge application moved by the applicants and charge dated 26.06.2025 framed by the aforesaid Court in Special Trial no. 402 of 2023 arising out of Case Crime no. 0628 of 2020 under Section 3(1) of U.P.Gangster and Anti-Social Activities Prevention Act, 1986, PS- Cantt, District Varanasi. 3. While assailing the impugned order dated 29.04.2025, whereby discharge application preferred at the behest of applicants has been rejected, learned counsel for applicants contended that the same has been passed in arbitrary manner. Applicants are neither leader, nor member of any such alleged gang of the FIR but the police has fabricated the instant case only to harass the applicants. Applicants are already on bail and they have not misused the liberty of bail. There is no evidence against applicants on record and as such impugned order dated 29.04.2025 and charge framing order dated 26.06.2025 is liable to be set aside and quashed. 4. Per contra, learned AGA vehemently opposed the prayer sought through the instant application. 5. I have considered the rival submissions and have gone through the entire record. 6. From perusal of the records, it transpires that learned trial court while rejecting the discharge application of applicant rightly exercised the authority as mandated under Section 227 Cr.P.C that while considering discharge application only this aspect has to be considered whether there is sufficient ground to proceed against the accused or not? It is apparent that the discharge application preferred on behalf of applicant has been rejected after considering the entire material and evidence on records and it has been observed by learned trial court that on the basis of perusal of records, prima facie offence is made out against the applicants. 7. Looking into the facts of the case, at this stage it cannot be said that no offence is made out against the applicants and as such no cause of action survives in favour of applicants to pursue the instant application. I do not find any infirmity in the impugned orders dated 29.04.2025 and 26.06.2025. 8. The instant application lacks merit and is accordingly dismissed. Order Date :- 18.8.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad