HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 38049 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for applicant and learned A.G.A. for State. 2. Through the instant application, the entire proceedings arising out of Case Crime No.350 of 2018, which has been registered as Session Case No.788 of 2021 (State vs. Ajay Kumar and Others), wherein charge sheet has been preferred after conduction of the detailed investigation by concerned Investigating Officer on dated 16.04.2020, whereupon cognizance/summoning order has been issued under Section 190 of Cr.P.C. on dated 20.05.2021 has been put under challenge. 3. At the very outset, learned counsel for applicant submitted that in identical matter, co-accused, Anoop Yadav, preferred Application u/s 482 Cr.P.C. no.23816 of 2024 (Anoop Yadav vs. State of U.P. and another) before this Court challenging the same proceeding, wherein pleadings were entertained by this Court and after seeking instructions from learned A.G.A., consideration has been drawn by this Court vide judgment and order dated 09.04.2025 (Annexure no.8), 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.350 of 2018 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 dispute the fact in respect of judgment and order dated 09.04.2025. 5. In view of foregoing discussion, parity of judgment and order dated 09.04.2025 is applicable in favour of applicant and as such entire proceeding Versus Counsel for Applicant(s) : Sudhir Kumar Tripathi Counsel for Opposite Party(s) : Ajay Gupta @ Bachha Babu .....Applicant(s) State of U.P. and Another .....Opposite Party(s) arising out of approval of gang chart which culminated into preferring the charge sheet on dated 16.04.2020, thereafter order passed by learned concerned court by way of passing summoning order on dated 20.05.2021 is hereby quashed and set aside in respect of applicant herein, in the light of judgment and order dated 09.04.2025 passed in case of Anoop Yadav (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 26, 2025 Saif NA528 No. 38049 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad