MADHUSUDAN DUBEY AND 2 OTHERS v. State of U.P. AND ANOTHER
A482/35478/2024 · 2025-05-07
Saurabh Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 103964 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 103964 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:75113 Court No. - 74 Case :- APPLICATION U/S 482 No. - 35478 of 2024 Applicant :- Madhusudan Dubey And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dhirendra Bahadur Singh,Rajesh Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J.
1. Heard learned counsel for the applicants and learned A.G.A. for the State.
2. The instant application under section 482 Cr.P.C. has been preferred to quash the charge-sheet dated 28.05.2008, cognizance/summoning order dated 11.08.2008 as well as the entire proceedings of G.T. No. 66 of 2016 (State vs. Ajay Dubey) arising out of Case Crime No.427 of 2007, under section 2/3(1) of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, P.S. Khampar, District- Deoria, pending in the court of learned Additional District and Session Judge, Court No. 5, Deoria as well as to stay the further proceedings of abovementioned case.
3. Learned counsel for the applicants submitted that the proceeding initiated against the applicants is illegal and against the material available on record; the material of investigation does not disclose commission of any alleged offences against the applicants and as such the proceedings initiated against the applicants including the impugned charge-sheet and cognizance/summoning order are liable to be quashed by this Court.
4. Per contra, learned A.G.A. for the State vehemently opposed the prayer as made in the application and rebutted the stand taken up by learned counsel for applicants by way of submitting that the averments whatsoever has been raised by learned counsel for applicants is subject matter of trial and as such prima-facie offence has been made out against the applicants.
5. After hearing rival submissions extended by learned counsel for the parties and by bare perusal of record, there appears no illegality and impropriety in the impugned charge-sheet and cognizance/summoning order and as such learned court concerned has rightly proceeded against the applicants.
6. In view thereof, the instant application under section 482 Cr.P.C. lacks merit and is hereby dismissed. Order Date :- 8.5.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad