KRINSHNA PAL @ DOCTOR AND 2 OTHERS v. State of UP AND ANOTHER
A482/33005/2024 · 2025-03-17
Saurabh Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 101273 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 101273 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:38596 Court No. - 74 Case :- APPLICATION U/S 482 No. - 33005 of 2024 Applicant :- Krinshna Pal @ Doctor And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sunil Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J.
1. Heard learned counsel for the parties.
2. The instant application has been preferred with following prayers:-
"(i) to quash the entire criminal proceeding as well as cognizance/summoning order dated 08.05.2020 in Special Case No. 51 of 2020 arising out of Case Crime No. 876 of 2019 under sections 2/3 Gangster Act, Police Station Modi Nagar, District Ghaziabad, pending before the Learned Special Judge (Gangster Act)/Additional Session Judge, Court no. 11, Ghaziabad. (ii) to stay the further proceedings of Special Case No. 51 of 2020 arising out of Case Crime No. 876 of 2019 under sections 2/3 Gangster Act, Police Station Modi Nagar, District Ghaziabad, pending before the Learned Special Judge (Gangster Act)/Additional Session Judge, Court no. 11, Ghaziabad during the pendency of this application."
3. After perusal of the records, it transpires that the prayer as made in the instant petition which has been preferred under Section 482 Cr.P.C. is contrary to Section 12 of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 itself which is reproduced here below:-
"12. Trial by Special Court to have precedence-The trial under this Act of any offence by Special Court shall have precedence over the trial of any other case against the accused in any other court (not being a Special Court) and shall be concluded in preference to the trial of such other case and accordingly the trial of such other case shall remain in abeyance."
4. In consonance with Section 12 of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, once it is mandated as per law to decide the case which has been registered under the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 has to be proceeded first and as such the prayer made in the instant petition is not maintainable in the eye of law.
5. Accordingly, the application stands dismissed Order Date :- 18.3.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad