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2025 DAILYLAW 133102 (ALL)

BALRAM v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO AND ANOTHER

A482/3072/2025 · 2025-04-15

Salil Kumar Rai

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:21115 Court No. - 16 Case :- APPLICATION U/S 482 No. - 3072 of 2025 Applicant :- Balram Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And Another Counsel for Applicant :- Anubhav Awasthi,Kanh Kumar Awasthi,Vinayak Tiwari Counsel for Opposite Party :- G.A. Hon'ble Salil Kumar Rai,J. Heard the counsel for the applicant and learned A.G.A. This application under Section 482 Cr.P.C. has been filed to stay the entire proceedings of Gangster Case No. 541 of 2025 arising out of F.I.R./Crime No. 173 of 2024, under Section 3(1) of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, Police Station-Ghunghter, District- Barabanki pending before Special Judge Gangster Act/Additional District & Sessions Judge, Court No. 5, Barabanki. The contention of the counsel for the applicant is that no offence against the applicant is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. He pointed out certain documents and statements in support of his contention. Per contra learned A.G.A. submitted that from the perusal of the material on record and looking into the facts of the case at this stage it cannot be said that no offence is made out against the applicant. The submissions made by the counsel for the applicant relate to disputed question of facts, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. At this stage only prima facie case is to be seen. The disputed defence of the accused cannot be considered at this stage. The submissions made by learned A.G.A. have force. The prayer for quashing the proceedings is refused. With the aforesaid observations, the application is rejected. Order Date :- 15.4.2025 Anurag/- Digitally signed by :- ANURAG KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench