HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 34868 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for the parties. 2. Present application has been preferred with prayer to quash proceeding of Special Case no. 19 of 2008 (State of U.P. vs. Kadir) arising out of Crime no. 153 of 2007 under sections 2/3 of U.P.Gangster and Anti- Social Activities (Prevention) Act, 1986, PS- Chilkana, District Saharanpur. 3. Learned counsel for applicant contended that while implicating the applicant in the present proceedings under Gangster Act, mandatory rules of the statue have not been complied with by the authorities concerned. In gang-chart four base cases have been shown out of which in three cases, applicant has been acquitted and in one case he has been bailed out and as such entire proceeding is liable to be quashed. 4. Per contra, learned AGA vehemently opposed the prayer sought through instant application. 5. After hearing the rival submissions extended by learned counsels for the parties and perusing the records, this Court finds that certain irregularities have been highlighted by learned counsel for the applicant, which is apparent on face of record, but the settled proposition of law which has been held by Hon'ble Supreme Court from time to time, that the irregularity will not vitiate the proceedings unless the same is not come under the ambit of illegality and as such there is a difference Versus Counsel for Applicant(s) : Akash Pundir Counsel for Opposite Party(s) : G.A. Kadir .....Applicant(s) State of U.P. and Another .....Opposite Party(s) between irregularity and illegality. 6. No illegality has been found rather it transpires from the record that, the applicant who has been summoned way back in the year 2007 itself has never appeared before learned court concerned where the proceeding is still pending at the behest of non-appearance of applicant which culminated into proceeding under section 82 of Cr.P.C. and as such all the grounds whatsoever are available as submitted by learned counsel for the applicant are not at all admissible at this stage. Once, it is crystal clear that the matter is pending for near about more than 16 years only at the behest of non-appearance of the applicant and the entire trial proceeding is hand-cuffed due to non-cooperation of the applicant, which is required to be in otherwise but the same has not been done, no interference is required and this Court is not convinced with the arguments raised by learned counsel for the applicant, although it is a legal one. 7. However, applicant is hereby directed to appear before learned court concerned in pursuance to summoning order issued against him within a week from today. 8. The instant application u/s 528 BNSS stands disposed of accordingly. September 18, 2025 Shaswat NA528 No. 34868 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad