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2025 DAILYLAW 111538 (ALL)

ARPAN SONI v. STATE OF U.P.

A482/43964/2024 · 2025-08-18

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:141598 Court No. - 77 Case :- APPLICATION U/S 482 No. - 43964 of 2024 Applicant :- Arpan Soni Opposite Party :- State of U.P. Counsel for Applicant :- Anoop Baranwal,Nitya Prakash Tiwari Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the parties. 2. Present application has been preferred to quash the impugned charge-sheet no. 1 dated 04.06.2023 including the entire proceedings of Session Trial No. 411 of 2023 arising out of Case Crime No. 0217 of 2022, under section 3(1) of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station- Shivpur, District-Varanasi, pending in the Court of learned Additional District and Session Judge, Court No. 14/Special Judge, Gangster Act, Varanasi as well as to stay the further proceedings of abovementioned case. 3. At the very outset, learned counsel for applicant has submitted that no satisfaction has been recorded as per the mandate of Rule 17 of U.P. Gangsters and Anti-Social Activities (Prevention) Rules, 2021, hence impugned proceeding is not sustainable in the eye of law and is liable to be set aside. In support his argument, learned counsel for the applicant has relied upon the judgment rendered by Division Bench of this Court in case of Asim @ Hassim vs. State of U.P. and Another decided on 02.12.2023 in Criminal Misc. Writ Petition No. 18729 of 2023. 4. Per contra, learned AGA vehemently opposed the prayer sought through the instant application. 5. After hearing the rival submissions extended by learned counsels for the parties and by bare perusal of the proceeding which has been culminated into preparation of the gangchart, this Court finds that the proper reasoning and finding has been recorded after perusing the entire document by approving and forwarding authority. The judgment relied upon by learned counsel for the applicant is not applicable in the instant matter, since it is the case wherein the entire proceedings have been put under challenge on the ground of non-satisfaction of the reasoning under Rule 17 of U.P. Gangsters and Anti-Social Activities (Prevention) Rules, 2021, but the same is contrary to the fact which is apparent from the face of the record that proper reasoning has been recorded by way of holding joint meeting on the same date and as such no interference is required. 6. 6. In view of the above, instant application u/s 482 Cr.P.C. lacks merit, hence dismissed. Order Date :- 19.8.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad