HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 6160 of 2024 Court No. - 93 HON'BLE HARVIR SINGH, J. 1. Heard learned counsel for the revisionists and learned A.G.A. appearing for the State. 2. The present revision has been filed against the order dated 08.10.2024 passed by learned Additional District and Sessions Judge/ Special Judge (Gangster Act), Court No. 6, Azamgarh in Special Case No. 46 of 2019 ( State Vs. Asmal and others) wherein, the revisionists have been found to be involved under the Gangster Act and their discharge application has been dismissed. 3. Learned counsel for the revisionists submits that the discharge application filed by the revisionists has been dismissed in a cursory manner without considering the material available on record. It has further been submitted that, while preparing the gang chart, no permission whatsoever was sought from the authority concerned. The said gang chart was prepared in a mechanical manner. Learned counsel for the revisionists submitted that joint meeting as referred, while imposing relevant sections under the gangster act has not been done as per the manner under procedure. It has further been submitted that at the time of arrest, no weapon has been shown to be recovered from the possession of the revisionists. 4. On the other hand, learned A.G.A. submitted that, there was sufficient evidence against the revisionists and on the basis of the same, the charge sheet has been submitted against them. Learned A.G.A. further submitted Versus Counsel for Revisionist(s) : Deeksha Gupta, Siddharth Srivastava Counsel for Opposite Party(s) : G.A. Kaleem Ahmad Alias Chunnu And 3 Others .....Revisionist(s) State of U.P. and Another .....Opposite Party(s) that while imposing relevant section under the gangster act, the competent authority followed the procedure, as prescribed under the law. So far as recovery of the article from the possession of the revisionist in other case is concerned, the same is subject matter of trial, which cannot be looked at the time of framing of charge and deciding the discharge application. So far as discharge application is concerned, the trial court has to see a prima facie case and everything cannot be discussed at the stage of deciding the application for discharge or framing of the charge. Learned A.G.A. further submitted that the revisionist no. 3 has already moved an Application u/s 482 No.20362 of 2021 wherein, this Court after going into the facts and circumstances of the case and considering the rival submissions of the learned counsel for the parties, declined to quash the charge sheet and the same has been upheld by this Court. It is further submitted that once the charge sheet is upheld by this Cort, no further ground is left for discharging the revisionists on the same facts and circumstances of the case and the revisionists have suppressed the fact of passing of this order in Application u/s 482 No. 20362 of 2021, while the said discharge application was moved before the learned Additional District and Sessions Judge/ Special Judge (Gangster Act). 5. Under the circumstances of the case, no good ground is made out for interference in the order dated 08.10.2024 passed by the learned Additional District and Sessions Judge/ Special Judge (Gangster Act), Court No. 6, Azamgarh in Special Case No. 46 of 2019 ( State Vs. Asmal and others) as the revisionists have suppressed the fact of passing of the order in the Application u/s 482 No. 20362 of 2021, in which the charge sheet has been affirmed by this Court. As such the revision being devoid of merit is liable to be dismissed. It is, accordingly, dismissed. 6. However, it shall remain open to the revisionists to submit and adduce their evidence, whatsoever available before the trial court, as they have liberty to defend themselves. September 25, 2025 Gss CRLR No. 6160 of 2024 2 (Harvir Singh,J.) Digitally signed by :- GIRAJA SHANKER SHARMA High Court of Judicature at Allahabad