DIVYANSH KUMAR @ RAJ @ DIVYANSHU v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
A482/11555/2024 · 2025-01-10
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 169951 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 169951 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:1997 Court No. - 12 Case :- APPLICATION U/S 482 No. - 11555 of 2024 Applicant :- Divyansh Kumar @ Raj @ Divyanshu Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Rajesh Kumar Awasthi Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J.
1. Heard learned counsel for the applicants and learned AGA for the State as well as perused the record.
2. The present application U/s 482 Cr.P.C./Section 528 Bharatiya Nagrik Suraksha Sanhita, 2023 (in short "BNSS") has been filed by the applicants for the following main reliefs:-
"(i) to quash the impugned Charge Sheet dated 31.01.2024 (Charge Sheet No. 15/2024) filed by Investigating Officer against the applicant in Case Crime No. 109/2023 U/s. 3(1) Gangsters and Anti- Social Activities (Prevention) Act, 1986 Police Station- Kotwali Tanda, District-Ambedkar Nagar only in respect to the applicant, as contained Annexure No. 1 to this application. (ii) to quash the impugned Summoning order dated 08.02.2024 passed by Learned Special Judge Gamgster Act, Ambedkar Nagar in Gangster Case No. 121/2024, State Versus Dileep Chaurasiya and others in Case Crime No. 109/2023 U/s. 3(1) Gangsters and Anti- Social Activities (Prevention) Act, 1986 Police Station-Kotwali Tanda, District- Ambedkar Nagar only in respect to the applicant, as contained Annexure No. 2 to this application."
3. After arguing at some length, learned counsel for the applicants states that the he may be permitted to withdraw the application with liberty to the applicants to seek the benefit of law laid down by Hon'ble Supreme Court in the case of Satender Kumar Antil versus Central Bureau of Investigation and another, (2022) 10 S.C.R.
351 : (2022) 10 SCC 51.
4. Learned AGA has no objection to the prayer made by learned counsel for the applicants.
5. Keeping in view the aforesaid, the present application is dismissed as withdrawn with liberty as prayed for. Order Date :- 10.1.2025 Mohit Singh/- Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench