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2025 DAILYLAW 152179 (ALL)

SIRAJ AHMAD KHAN @ LALLAN KHAN AND 3 OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. HOME LKO. AND ANOTHER

A482/5846/2025 · 2025-07-25

Subhash Vidyarthi

Writ Petition (Criminal)body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:42812 Court No. - 15 Case :- APPLICATION U/S 482 No. - 5846 of 2025 Applicant :- Siraj Ahmad Khan @ Lallan Khan And 3 Others Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Home Lko. And Another Counsel for Applicant :- Kunwar Sushant Prakash,. Counsel for Opposite Party :- G.A.,Abdul Ahad,Anil Kumar Tripathi Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Kunwar Sushant Prakash, the learned counsel for the applicants, Sri Rajesh Kumar Singh, the learned A.G.A appearing on behalf of the State and Sri Anil Kumar Tripathi, learned counsel for the complainant of a base case forming a ground for institution of a case under Gangsters Act. 2. By means of the instant application filed under Section 482 Cr.P.C/528 B.N.S.S., the applicants have sought quashing of the chargesheet dated 15.11.2025 arising out of Case Crime No. 50 of 2024, under Sections 2/3 of U.P. Gangster and Anti Social Activities (Prevention) Act, Police Station Malihabad, District Lucknow as well as cognizance and summoning order dated 03.01.2025 along with the proceedings of Session Case No.8 of 2025, which is pending in the Court of Special Judge Gangster Act, Lucknow. 3. Sri Anil Kumar Tripathi, learned counsel for the complainant has raised preliminary objection that the applicants have filed a Writ Petition (Criminal) No. 452 of 2024 before the Hon'ble Supreme Court for the following reliefs:- "a) Issue an appropriate writ, order or direction in nature of mandamus, or any other appropriate writ, order or direction declaring sections 3, 12 and 14, 15, 16 & 17 of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 along-with Rules 16(3), 22, 35, 37(3) and Rule 40 of The Uttar Pradesh Gangster and Anti-Social Activities (Prevention) Rules, 2021 as being unconstitutional, illegal and void and violative of Article 14, 21,22(4) & 300A of the Constitution of India; b) Issue a writ in Certiorari or any other appropriate writ, direction or order quashing the orders dated 10.06.2024 in Case No 1/2024 and Case No 2/2024 passed by Respondent No. 2 in F.I.R. No. 0050/2024 registered U/s 2/3 of U.P Gangster & Anti-Social Activities (Prevention) Act, 1986 at P.S. Malihabad, Lucknow, U.P.; c) Issue a writ in Certiorari or any other appropriate writ, direction or order quashing F.I.R. bearing number 0050/2024 registered U/s 2/3 of U.P. Gangster & Anti-Social Activities (Preventiori) Act, 1986 at P.S. Malihabad, Lucknow, U.P.;" 4. Sri Anil Kumar Tripathi, learned counsel for the complainant has submitted that the applicants have inter alia sought quashing of F.I.R. No. 0050/2024, under Section 2/3 of U.P Gangster & Anti-Social Activities (Prevention) Act, 1986 at P.S. Malihabad, Lucknow, in the aforesaid writ petition pending in the Hon'ble Supreme Court. In case the said prayer is granted, the F.I.R would be quashed and consequentially the chargesheet submitted in furtherance thereof and the criminal proceedings instituted thereon would also stands quashed. Therefore, substantively the subject matter of the present petition is pending adjudication before the Hon'ble Supreme Court. He has further submitted that the aforesaid relevant facts have not be disclosed in the petition. 5. Confronted with the aforesaid objection, the learned counsel of the applicants states that the instant petition be dismissed as not pressed in view of pendency of the writ petition before the Hon'ble Supreme Court. 6. Accordingly, the application is dismissed as not pressed. (Subhash Vidyarthi,J.) Order Date :- 25.7.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench