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2025 DAILYLAW 102461 (ALL)

SURYA KANT GUPTA v. STATE OF U.P. AND ANOTHER

NA528/38120/2025 · 2025-10-05

Saurabh Srivastava

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 38120 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for applicant and learned AGA appearing on behalf of State. 2. The instant application has been preferred with the prayer to quash the impugned charge sheet dated 19.01.2023 as well as impugned cognizance/summoning order dated 13.09.2023 and entire criminal proceedings of Session Case no. 2216 of 2023, arising out of Case Crime no. 132 of 2021, under Section 2/3 U.P. Gangster and Anti Social Activities (Prevention) Act, Police Station Kamlanagar, District Agra, pending in the court of learned Special Judge, Gangster Act, Agra. 3. At the very outset, learned counsel for the applicant invited the attention of this Court to the order dated 15.09.2025 passed in Application U/S 528 No.30121 of 2025 preferred on behalf of two co-accused, wherein the said application was allowed on the ground of violation of Rule 5(3)(a) of the Gangster Rules, 2021, as it was evident from the instructions received by learned AGA that no minutes of meeting pertaining to the present case were available with the competent authorities. The applicant, therefore, seeks parity with the said co-accused. 4. Although learned AGA opposed the prayer sought through the instant application but did not dispute the factum of order dated 15.09.2025 passed by this Court in Application U/S 528 No.30121 of 2025 preferred at the behest of two co-accused. 5. In view of the order dated 15.09.2025 passed in Application U/S 528 Versus Counsel for Applicant(s) : Araf Khan, Lihazur Rahman Khan Counsel for Opposite Party(s) : G.A. Surya Kant Gupta .....Applicant(s) State of U.P. and Another .....Opposite Party(s) No.30121 of 2025, and considering the principle of parity, entire proceedings arising out of approval of the gang chart which culminated into preferring the charge sheet on dated 19.01.2023 thereafter the order passed by learned concerned court by way of taking cognizance of offence vide order on dated 13.09.2023, is hereby quashed and set aside. 6. The application stands allowed accordingly. 7. However, the above mentioned order will not preclude the concerned authorities for re-initiation of the proceedings against applicant herein, if required in future, strictly in accordance with law. October 6, 2025 Vivek Kr. NA528 No. 38120 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad