HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 36790 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for the applicants and learned A.G.A. for the State. 2. The instant application under section 528 BNSS has been preferred to quash the charge-sheet dated 09.12.2009, cognizance/summoning order dated 23.03.2010 as well as the entire proceedings of Special Session Trial No.55 of 2010 (State vs. Shamshad and Another) arising out of Case Crime No.514 of 2009, under section 3(1) of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, P.S. Sambhal, District- Moradabad, pending in the court of learned Special Judge, Gangster Act, Court No.5, Moradabad. 3. Learned counsel for the applicants submitted that the proceeding initiated against the applicants is illegal and against the material available on record; the material of investigation does not disclose commission of any alleged offences against the applicants and as such the proceedings initiated against the applicants including the impugned charge-sheet and cognizance/summoning order are liable to be quashed by this Court. 4. Per contra, learned A.G.A. for the State vehemently opposed the prayer as made in the application and rebutted the stand taken up by learned counsel for applicants by way of submitting that the arguments whatsoever has been raised by learned counsel for applicants is amenable before learned trial court, which is specifically on the basis of statements so recorded by prosecution witnesses and the material evidences, which has been collected during the course of investigation and as such prima-facie offence has been made out against the applicants. Versus Counsel for Applicant(s) : Sunil Dubey Counsel for Opposite Party(s) : G.A. Shamshad And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 5. After hearing rival submissions extended by learned counsel for the parties and by bare perusal of record, this Court finds that the instant application is lacking merit in respect for quashing the entire proceedings arising out of Case Crime No.514 of 2009, since none of the grounds are available for entertaining prayer as made in the application. 6. The instant application under section 528 BNSS stands dismissed accordingly. September 23, 2025 Saif NA528 No. 36790 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad