HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 35110 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for applicants and learned AGA for State. 2. Present application has been preferred with the following prayers:- "... to quash the charge sheet no. 01 of 2019 dated 29.11.2019 in S.T. no. 09 of 2010 (State vs. Azam and others) Case Crime no. 33 of 2019 under Section 2/3 of Gangster Act, PS- Kokhraj, District Kaushambi and cognizance order dated 20.2.2020 passed by learned Additional District and Session Judge/Special Gangster Act, Court no. 5, Kaushambi." 3. At the very outset, learned counsel for applicant submitted that in identical matter, co-accused Ajam @ Mohd. Ajam preferred Application u/s 528 BNSS no. 25660 of 2025 (Ajam @ Mohd. Ajam vs. State of U.P. and 4 others) before this Court challenging the same proceeding, wherein pleadings were entertained by this Court and after due consideration judgment and order dated 5.8.2025 (Annexure no. 6) 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. 33 of 2019 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 5.8.2025. Versus Counsel for Applicant(s) : Sanjay Srivastava Counsel for Opposite Party(s) : G.A. Mabood And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 5. In view of foregoing discussion, this Court finds that instructions have already been received through learned AGA in Application u/s 528 BNSS no. 25660 of 2025 which shows clear cut violation of Rule 5(3)(a) of Gangster Rules, 2021. Applicant sought parity of order dated 5.8.2025 and parity of judgment and order dated 5.8.2025 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 29.11.2019 thereafter order passed by learned concerned court by way of passing summoning order on dated 20.02.2020 is hereby quashed and set aside in respect of applicants namely Mabood, Raja Babu @ Irshad and Nanhey. 6. However, the above mentioned order will not preclude the concerned authorities for re-initiation of the proceedings against applicants, if required in future, in accordance with law. 7. The instant application u/s 528 BNSS stands allowed accordingly. September 15, 2025 Shaswat NA528 No. 35110 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad