HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 36701 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard Sri Janardan Yadav, learned counsel for applicants and learned AGA for State. 2. Present application has been preferred with the following prayers:- "..... to quash the summoning order dated 21.10.2024 passed by learned court of Additional District & Session Judge/Special Judge (Gangster Act), Court no. 6, Azamgarh and charge sheet dated 25.07.2024 as well as entire proceeding of Special Session Trial no. 140 of 2024 (State vs. Ramchandra Yadav and others) arising out of Case Crime no. 357/2023 under Section 3(1) of U.P.Gangster Act, PS- Rani Ki Sarai, District Azamgarh." 3. At the very outset, learned counsel for applicants submitted that in identical matter, co-accused Satya Prakash Yadav preferred Application u/s 528 BNSS no. 9039 of 2025 (Satya Prakash Yadav vs. State of U.P. and another) before this Court challenging the same proceeding, wherein pleadings were entertained by this Court after receiving instructions from learned AGA for State and after due consideration judgment and order dated 16.5.2025 (Annexure no. 5) 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. 357 of 2023 and the similar argument has been raised by learned counsel for applicant for challenging the said proceedings. Versus Counsel for Applicant(s) : Janardan Yadav Counsel for Opposite Party(s) : G.A. Vijay Yadav And 3 Others .....Applicant(s) State of U.P. .....Opposite Party(s) 4. Although, learned AGA opposed the prayer sought through instant application but did not disputed the fact in respect of judgment dated 16.5.2025. 5. In view of foregoing discussion, parity of judgment and order dated 16.5. 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 25.07.2024 thereafter order passed by learned concerned court by way of passing summoning order on dated 21.10.2024 is hereby quashed and set aside in respect of applicants namely Vijay Yadav, Ajay Yadav, Vijay Chauhan and Manvendra Chaubey, in the light of judgment and order dated 16.5.2025 passed in case of Satya Prakash Yadav (supra). 6. 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 23, 2025 Shaswat NA528 No. 36701 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad