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Neutral Citation No. - 2025:AHC:146180 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 4155 of 2025 Applicant :- Vijay Pal Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arjit Srivastava,Rajeev Kumar Singh Parmar,Usha Srivastava,Vinod Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J.
1. Learned AGA for the State has handed over a copy of the instructions, the same is taken on record.
2. Heard learned counsel for the applicant and learned AGA for the State.
3. Present application has been preferred with prayer to quash the chargesheet dated 10.08.2023 as well as summoning/cognizance
order dated 17.12.2024 including the entire criminal proceeding in S.T. no. 4614 of 2024 (State vs. Sarvesh and others) arising out of Case Crime no. 389 of 2022 under Section 3(1) of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, PS- Maudarwaja, District Farrukhabad pending in court of Special Judge (Gangster Act), Farrukhabad.
4. 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 forwarding and approving authority i.e., Superintendent of Police and District Magistrate concerned, hence impugned proceeding is not sustainable in the eye of law and is liable to be set aside.
5. Per contra, learned AGA vehemently opposed the prayer sought through the instant application and on the basis of instructions so received, submitted that although date has not been mentioned but there was a joint meeting which has been held between forwarding and approving authority i.e., Superintendent of Police and District Magistrate concerned and as such no interference is required.
6. 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 District Magistrate, Farrukhabad and Superintendent of Police/Senior Superintendent of Police, Farrukhabad and as such no interference is required. No other ground has been raised by learned counsel for applicant.
7. In view of foregoing discussions, instant application u/s 528 BNSS lacks merit, hence dismissed.
Order Date :- 23.8.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad