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2025 DAILYLAW 165426 (ALL)

RAHUL GANDHI @ VISHAL SHARAN GANDHI AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. AND ANOTHER

A482/7979/2025 · 2025-09-22

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7979 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. 1. Heard learned counsel for the applicants as well as learned AGA for the State and perused the record. 2. Instant application under section 482 Cr.P.C./528 of the B.N.S.S. has been filed with the prayer to quash the entire proceedings of Criminal Case No.3344/2023 (State Vs. Rahul Gandhi alias Vishal Sharan Gandhi and others), arising out of FIR No.0490/2023, under Sections 323, 427, 452, 504 and 506 IPC lodged at Police Station Nawabganj, District Gonda, pending in the court of learned Chief Judicial Magistrate, Gonda, to quash the charge- sheet dated 23.10.2023 filed in the aforesaid FIR and to quash the cognizance/summoning order dated 25.10.2023 passed in the aforesaid criminal case. 3. Learned counsel appearing for the applicants submits that the applicants are innocent and were never involved in committing the offence as has been mentioned in the first information report. He added that due to enmity, their names have been planted in the first information report and thereafter they have been charge-sheeted. He next added that due to unavoidable circumstances, they could not appear before the trial below. 4. At this stage, learned counsel for the applicants submits that he does not want to press the application and seeks liberty to file bail application before the learned trial court which may be decided in view of law laid by Hon'ble Supreme Court's judgment in the case of Satender Kumar Antil versus Central Bureau of Investigation and another (2022)10 SCC 51. 5. Learned A.G.A. has no objection to the prayer made by learned counsel Versus Counsel for Applicant(s) : Niyaj Ahmad Counsel for Opposite Party(s) : G.A. Rahul Gandhi @ Vishal Sharan Gandhi And 2 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. And Another .....Opposite Party(s) for the applicants. 6. On due consideration to the submissions of learned counsel for the parties, it is provided that in case the applicants appear before the trial court within two weeks from today and file bail application, the same shall be considered and decided expeditiously in view of law laid down in the case of Satender Kumar Antil (supra). 7. Further, the applicants will have an opportunity at the appropriate stage to move an application for discharge taking therein all the pleas factual and legal which may be available to them, in accordance with law. In case, such an application is moved before the learned trial Court, the learned trial court shall dispose of the same by a speaking and reasoned order strictly, in accordance with law. 8. The application is disposed of accordingly. (Shree Prakash Singh,J.) September 22, 2025 MVS/- A482 No. 7979 of 2025 2 Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench