HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 33035 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for applicant and learned A.G.A. for State. 2. The instant application has been preferred for quashing the entire proceedings of Case No. SC-NIL/2024 (State of U.P. vs. Kadir and Others) arising out of Case Crime No.23 of 2024, under sections 2/3 of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, P.S. Masuri, District- Ghaziabad, pending before learned court of Additional District and Session Judge/Special Judge (Gangster Act), Ghaziabad, including cognizance order dated 05.07.2024. 3. At the very outset, learned A.G.A. came up with specific instructions, which is taken on record, that while preparing gang chart, joint meeting has already been held between the forwarding and approving authority and as such the proceeding initiated against the applicant is in strict compliance of Rule 5(3)(a) of Gangster Rules, 2021. 4. Learned counsel for applicant submitted that both the predicate cases in respect of applicant are related to civil dispute and as such the proceeding initiated under sections 2/3 of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 cannot be fastened against the applicant, since there is hardly any disturbance of public order, if in any case any offence has been committed, which has been referred under the predicate case. 5. The arguments so raised by learned counsel for applicant can be well scrutinized on the basis of statement, which will be examined during trial as cross and chief. The fact in respect of implication of applicant whether Versus Counsel for Applicant(s) : Rajiv Kumar Mishra, Sandeep Singh Counsel for Opposite Party(s) : G.A. Kalwa Alias Noor Hasan .....Applicant(s) State Of U.P. And Another .....Opposite Party(s) comes under the ambit of section 3(1) along with section 2(b) of Gangster Act is the subject matter of learned trial court itself, which is still pending to be adjudicated finally by learned Special Judge (Gangster Act), Ghaziabad. 6. After having rival submissions extended by learned counsel for the parties, it is crystal clear that so far as regarding compliance of procedure as concerned, the same has already been specified by learned A.G.A. through instructions, which is taken on record. The other grounds taken up by learned counsel for applicant are not convincing for seeking prayer for quashing the entire proceedings arising out of Case Crime No.23 of 2024, since the same is amenable before learned trial court. 7. Lastly, learned counsel for applicant highlighted the judgement and order dated 04.03.2024 passed in Criminal Misc. Writ Petition No.1049 of 2024 (Dharmendra @ Bheema and Another vs. State of U.P. and 4 Others), wherein a precise referral in respect of section 2(b) of Gangster Act has been made by Division Bench of this Court to Larger Bench of this Court, which is still pending to be answered; over the reference made by Division Bench of this Court, the grounds of procedural lapse has already been described in detail in preceding paragraphs of the instant order; so far as regarding illegality if involved in pursuance to future order of the Larger Bench, the same shall be entitled for the petitioner to raise the same if considered by Division Bench of this Court. 8. The instant application stands dismissed accordingly. September 23, 2025 Saif NA528 No. 33035 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad