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2025 DAILYLAW 12532 (ALL)

MAHESH v. STATE OF U.P. AND ANOTHER

NA528/5359/2025 · 2025-08-10

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:135892 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 5359 of 2025 Applicant :- Mahesh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abhishek Kumar Shukla,Aklesh Kumar,Vishnu Pratap Pandey 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 528 BNSS has been preferred to quash the impugned charge-sheet dated 31.10.2024 as well as summoning/cognizance order dated 18.11.2024 including the entire proceedings of Case No. 1269 of 2024 (State vs. Sachin Kumar and others) arising out of Case Crime No. 595 of 2024, under Section 2/3 of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station-Surajpur, District-Commissionerate Gautam Buddha Nagar, pending in the Court of learned Additional District Judge, Court no. 6, Gautam Buddha Nagar as well as to stay the further proceedings of abovementioned case. 3. At the very outset, learned counsel for applicant submitted that while preparation of gang-chart in the present matter, no joint meeting has been held between authorities concerned, hence impugned proceeding is not sustainable in the eye of law and is liable to be set aside. 4. Per contra, learned AGA vehemently opposed the prayer sought through the instant application and submitted that the gang-chart has been approved in consonance with Rule 5(3)(a) of Rules of 2021. From perusal of gang-chart, it transpires that the same has been approved on same date in joint meeting of concerned authorities and as such no interference is required. 5. After hearing the rival submissions extended by learned counsels for the parties and by bare perusal of the gang-chart which has been appended along with instant application, it is crystal clear that the joint meeting has been held by concerned authorities and as such no interference is required. No other ground has been raised by learned counsel for applicant. 6. In view of foregoing discussions, instant application u/s 528 BNSS lacks merit, hence dismissed. Order Date :- 11.8.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad