HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 34045 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for applicant and learned AGA for State. 2. Present application has been preferred with the following prayers:- "... to quash the entire proceedings as well as summoning order dated 18.10.2024 passed by learned Additional District and Sessions Judge/Special Judge (Gangster Act), Court no. 6 Azamgarh under Section 3(1) of U.P.Gangsters and Anti-Social Activities (Prevention) Act, 1986, PS- Phoolpur, District Azamgarh and charge sheet no. 178 of 2024 dated 09.05.2024 in Case Crime no. 428 of 2023 under Section 3(1) of U.P.Gangsters and Anti-Social Activities (Prevention) Act, 1986, PS- Phoolpur, District Azamgarh." 3. At the very outset, learned counsel for applicant submitted that in identical matter, co-accused Anees preferred Application u/s 528 BNSS no. 9762 of 2025 (Aness vs. State of U.P. and another) before this Court challenging the same proceeding, wherein pleadings were entertained by this Court and after due consideration judgment and order dated 3.4.2025 (Annexure no. 7) has been passed by this Court whereby entire proceeding has been quashed and set aside. It is submitted that instant application has been preferred at the behest of applicant who is also implicated in same Case Crime no. 428 of 2023 and the similar argument has been raised by learned counsel for applicant for challenging the said proceedings. 4. Although, learned AGA opposed the prayer sought through instant application but did not disputed the fact in respect of judgment dated Versus Counsel for Applicant(s) : Mashhood Abbas Counsel for Opposite Party(s) : G.A. Abdullah .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 3.4.2025. 5. In view of foregoing discussion, parity of judgment and order dated 3.4.2025 is applicable in favour of applicant and as such entire proceeding arising out of approval of gang chart which culminated into preferring the charge sheet on dated 09.05.2024 thereafter order passed by learned concerned court by way of passing summoning order on dated 18.10.2024 is hereby quashed and set aside in respect of applicant namely Abdullah, in the light of judgment and order dated 3.4.2025 passed in case of Anees (supra). 6. However, the above mentioned order will not preclude the concerned authorities for re-initiation of the proceedings against applicant, if required in future, in accordance with law. 7. The instant application u/s 528 BNSS stands allowed accordingly. September 9, 2025 Shaswat NA528 No. 34045 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad