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2025 DAILYLAW 102336 (ALL)

SHAHBUDDIN v. STATE OF U.P. AND ANOTHER

NA528/38005/2025 · 2025-09-25

Saurabh Srivastava

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 38005 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard Sri Amit Singh, learned counsel for applicant and learned AGA for State. 2. Present application has been preferred with the following prayers:- "... to quash the charge sheet dated 30.11.2023 submitted against applicant under Section 2/3 of U.P.Gangster and Anti-Social Activities (Prevention) Act, 1986 arising out of Case Crime no. 0117 of 2022, PS- Farah, District Mathura registered as Case no. SC 615 of 2025 (State vs. Jubair and others) pending in court of Additional Session Judge (Court no. 5)/Special Judge (U.P.Gangster Act), Mathura as well as entire proceeding registered in pursuance of present case as well as cognizance order dated 4.4.2025 passed by learned Additional Session Judge (Court no. 5)/Special Judge (U.P.Gangster Act), Mathura in Case no. SC 615 of 2025." 3. At the very outset, learned counsel for applicant submitted that in identical matter, co-accused Samir Khan preferred Application u/s 528 BNSS no. 33117 of 2025 (Samir Khan 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 over the instructions received by learned AGA that no minutes of joint meeting is available in record, judgment and order dated 8.9.2025 (copy of which is preferred today and taken on record) 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. 117 of 2022 and the similar argument has been raised by learned Versus Counsel for Applicant(s) : Amit Singh Counsel for Opposite Party(s) : G.A. Shahbuddin .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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 8.9.2025. 5. In view of foregoing discussion, parity of judgment and order dated 8.9.2025 is applicable in favour of applicant, since in the said judgment it has already been observed on the basis of instructions from learned AGA that no joint meeting has been conducted by the authorities concerned while preparing the gang-chart, and as such entire proceeding arising out of approval of gang chart which culminated into preferring the charge sheet on dated 30.11.2023 thereafter order passed by learned concerned court by way of passing summoning order on dated 4.4.2025 is hereby quashed and set aside in respect of applicant namely Shahbuddin. 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 Shaswat NA528 No. 38005 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad