AVNISH SINGH ALIAS VIKKY SINGH v. STATE OF U.P. AND ANOTHER
A482/40020/2024 · 2025-04-09
Saurabh Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 107350 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 107350 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:53393 Court No. - 74 Case :- APPLICATION U/S 482 No. - 40020 of 2024 Applicant :- Avnish Singh Alias Vikky Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashish Goyal,Shubham Kumar Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. This application under section 482 Cr.P.C. has been preferred to quash the impugned cognizance order dated 30.09.2023 and the entire proceedings of Special Session Trial No.90 of 2023 (State vs. Manoj Singh Thakur and 3 Others) arising out of Case Crime No.277 of 2022, under Section 3(1) of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, P.S. Didarganj, District- Azamgarh, pending in the Court of learned Additional District and Session Judge/Special Judge (Gangster Act), Court No.6, Azamgarh as well as to stay the further proceedings of abovementioned case. 3. Learned counsel for the applicant submitted that in the gang chart, only a single criminal case has been shown against the applicant i.e. Case Crime No.251 of 2017, under sections 143, 341, 353 I.P.C. and section 7 of Criminal Law Amendment Act, P.S. Didarganj, District- Azamgarh, wherein the proceedings have been quashed against the applicant by co-ordinate Bench of this Court vide order dated 14.08.2024, the said order has been apprised to this Court by learned counsel for the applicant at the time of argument and as such the proceedings initiated against the applicant under the provisions of Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 is liable to be quashed by this Court. 4. Per contra, learned AGA vehemently opposed the prayer as made in the application, but could not dispute the above facts
5. After hearing rival submissions extended by learned counsel for the parties and by bare perusal of record, it is crystal clear that once in the case which is mentioned in the gang chart against the
applicant, he has been acquitted by learned court concerned, then the proceedings of Gangster Act initiated against the applicant is not sustainable in the eye of law. 6.
In view of aforementioned facts and circumstances, the proceedings of Special Session Trial No.90 of 2023 (State vs. Manoj Singh Thakur and 3 Others) arising out of Case Crime No.277 of 2022, under Section 3(1) of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, P.S. Didarganj, District- Azamgarh, pending in the Court of learned Additional District and Session Judge/Special Judge (Gangster Act), Court No.6, Azamgarh, is hereby quashed and set-aside. 7. Accordingly, the application u/s 482 Cr.P.C. is allowed. Order Date :- 10.4.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad