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Neutral Citation No. - 2025:AHC:808 Court No. - 76 Case :- APPLICATION U/S 482 No. - 44087 of 2024 Applicant :- Chhatrapal Singh Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Swati Agrawal Srivastava Counsel for Opposite Party :- G.A. Hon'ble Vinod Diwakar,J.
1. Heard Smt. Swati Agrawal Srivastava, learned counsel for the applicant, learned AGA for the State and perused the record.
2. By means of the present application under Section 482 Cr.P.C., the applicant has sought a suitable direction to the Special Judge Gangster Act/Additional Session Judge (FTC), Mahoba, to decide the Criminal Misc. Case No. 382 of 2022 (Chhatrapal Singh Yadav v. State of U.P.), arising out of Case Crime No. 71 of 2021, under Section 16(1) of the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Kotwali Nagar, District Mahoba, within some stipulated period.
3. Learned counsel for the applicant states that the proceedings arising out of the G.S.T. No.75 of 2022, titled State v. Chhatrapal Yadav & Ors, Case Crime No. 71 of 2021, under Section 3(1) of the U.P. Gangsters and Anti-Special Activities (Prevention) Act, 1986, Police Station Kotwali Nagar (Mahoba), District Mahoba, pending trial before the Additional Sessions Judge, FTC, Mahoba, have been quashed by the Coordinate Bench of this Court vide
order dated 13.06.2024 in Application u/s 482 No. 9889 of 2022 (Chhatrapal Yadav and 5 others v. State of U.P. & Anr.
4. Aggrieved by the order dated 13.06.2022, passed by the
Coordinate Bench of this Court, the complainant of the base case on the basis of which the proceedings of Gangsters Act have been invoked qua applicant, had preferred Special Leave Petition (Criminal) Diary No(s). 30215 of 2024 before the Apex Court and the Apex Court the same, therefore, the matter has attained finality, the copy of which has been annexed as Annexure 3 to the application.
5. Learned AGA submits that he has no objection in case direction is issued to decide the proceedings expeditiously.
6. Considering the fact that the FIR and the proceedings arising out of G.S.T. No.75 of 2022, titled State v. Chhatrapal Yadav & Ors, Case Crime No. 71 of 2021, under Section 3(1) of the U.P. Gangsters and Anti-Special Activities (Prevention) Act, 1986 has already been quashed by this Court and the SLP qua the same
order has also been dismissed by the Supreme Court in Special Leave Petition (Criminal) Diary No(s). 30215 of 2024, the trial Court is directed to decide the release application dated 09.11.2022, pending disposal before the trial Court, within four weeks from the date of receipt of a copy of this order.
7. With the aforesaid direction, the instant application is disposed of.
Order Date :- 2.1.2025 Prajapati Justice Vinod Diwakar Digitally signed by :- RAMKESH PRAJAPATI High Court of Judicature at Allahabad