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2025 DAILYLAW 162762 (ALL)

RINKU KASHYAP v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 2 OTHERS

A482/7535/2025 · 2025-09-15

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7535 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. The instant application under section 482 Cr.P.C./528 of the B.N.S.S.,2023, has been filed with prayer to quash the entire proceedings of Sessions Case No.: 658 of 2020 arising out of Case Crime No. 444 of 2019, State V/s Anirudh Loniya and Others, Under- Section: 3 (1) of U.P Gangster and Antisocial Activities (Prevention) Act., Police Station: Safdarganj District:Barabanki., pending in the court of Special Judge, Gangster Act/Additional Sessions Judge, Court No.9, District Barabanki, and also to quash the charge-sheet dated 4.06.2020 and Cognizance Order/Summoning order passed against the petitioner by the Learned Special Judge Gangster Act, Court No.5, District- Barabanki as Contained annexure No.1. to this Petition. Learned counsel appearing for the applicant submits that there is no evidence at all against the applicant and only on the basis of statement recorded by the police under Section 161 of Cr.P.C., the whole proceeding has been initiated and chargesheet has been filed. He added that the criminal proceedings against the present applicant is nothing but harassment. On the other hand, learned counsel appearing for the State has opposed the contention aforesaid and submits that there is no abuse of process of law and only factual matrix has been agitated before this before this Court and that could not be gone into at this stage, invoking the jurisdiction under Section 482 Cr.P.C. and thus the application is liable to be dismissed. After the argument at length, learned counsel for the applicant submits that interest of justice would be sub-served, if this Court directs the court below to permit the applicants to appear before the court below and file an application of discharge. He further submits Versus Counsel for Applicant(s) : Suhail Kashif, Sanat Singh Counsel for Opposite Party(s) : G.A. Rinku Kashyap .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others .....Opposite Party(s) that the court below may be directed to decide the discharge application within stipulated period of time, as may be fixed by this Court. Learned AGA for the State has no objection to the aforesaid submission. In view of aforesaid, the applicant is permitted to file an application for discharge before the court below within a period of two weeks from today and if such an application is filed, the same shall be decided within a further period of 60 days, strictly in accordance with law. With the aforesaid observation, the application is disposed of. September 15, 2025 AKS A482 No. 7535 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench