HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 35814 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 with the prayer to quash the impugned chargesheet dated 05.08.2023 and cognizance/summoning order dated 20.01.2024 including the entire proceedings of SST no. 08 of 2024 (State vs. Ahtesham and 2 others) arising out of Case Crime no. 393 of 2022, under Section 3(1) U.P. Gangster and Anti Social Activities (Prevention) Act, Police Station Sidhari, District Azamgarh pending in the court of learned Court of Additional District and Sessions Judge/Special Judge (Gangster Act), Court No. 6, Azamgarh as well as to stay the further proceedings of abovementioned case. 3. At the very outset, learned counsel for applicant submitted that in identical matter, co-accused, Ahtesham, preferred Application u/s 528 BNSS no.20766 of 2025 (Ahtesham 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 11.08.2025 (Annexure no.8) 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.393 of 2022 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 and order Versus Counsel for Applicant(s) : Saurabh Kumar Pandey Counsel for Opposite Party(s) : G.A. Uman Ahmad .....Applicant(s) State of U.P. and Another .....Opposite Party(s) dated 11.08.2025. 5. In view of foregoing discussion, parity of judgment and order dated 11.08.2025 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 05.08.2023, thereafter order passed by learned concerned court by way of passing summoning order on dated 20.01.2024 is hereby quashed and set aside in respect of applicant herein, in the light of judgment and order dated 11.08.2025 passed in case of Ahtesham (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 17, 2025 Saif NA528 No. 35814 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad