DHARMENDRA SAROJ ALIAS ALOK v. STATE OF U.P. AND ANOTHER
NA528/37129/2025 · 2025-09-23
Saurabh Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 100688 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 100688 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 37129 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J.
1. Heard learned counsel for the parties.
2. Present application has been preferred with the following prayers:-
"... to quash the entire proceedings of Session Trial no. 47 of 2021 (State vs. K.L.Patel and others) arising out of Case Crime no. 999 of 2020 under Section 2/3 of U.P.Gangster and Anti-Social Activities Prevention Act, 1986, PS- Soraon, District Prayagraj."
3. At the very outset, learned counsel for applicant submitted that in identical matter, co-accused Dr. Krishna Lal Patel @ Dr. K.L.Patel preferred Application u/s 482 no. 31388 of 2022 (Dr. Krishna Lal Patel @ Dr. K.L.Patel 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 20.06.2025 (Annexure no. 10) 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. 999 of 2020 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
20.06.2025. Versus Counsel for Applicant(s) : Hari Bans Singh Counsel for Opposite Party(s) : G.A. Dharmendra Saroj Alias Alok .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
5. In view of foregoing discussion, parity of judgment and order dated 20.06.2025 is applicable in favour of applicant and as such entire proceeding arising out of Session Trial no. 47/2021 arising out of Case Crime no. 999/2020 under Section 2/3 of U.P.Gangster & Anti-Social Activities (Prevention) Act, 1986, PS- Soraon, District Prayagraj is hereby quashed only in respect of applicant only.
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 24, 2025 Shaswat NA528 No. 37129 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad