ASHISH KUMAR SRIVASTAVA @ ASHISH SRIVASTAVA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
A482/8505/2025 · 2025-11-14
Rajeev Singh
Criminal Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 203077 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 203077 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 8505 of 2025 Court No. - 14 HON'BLE RAJEEV SINGH, J.
1. Personal affidavit duly signed by Mr. Rajeev Krishna, Director General of Police, U.P. is taken on record.
2. Heard learned counsel for the applicant and learned A.G.A. for the State.
3. The present application is filed with the prayer to quash the entire proceedings of Sessions Case No.1223 of 2021 arising out of Case Crime No.652 of 2020, under Section 2/3 of U.P. Gangsters and Anti- Social Activities (Prevention) Act, Police Station - Gomti Nagar, District - Lucknow.
4. Learned counsel for the applicant submits that the mandatory provisions of Rules were not considered at the time of preparing the gang chart. He also relies on the decision of Hon'ble Apex Court in the case of Vinod Bihari Lal Vs. State of Uttar Pradesh & Anr. passed in Criminal Appeal Nos.777-778 of 2025 and requested for indulgence of this Court.
5. Learned A.G.A. draws attention of the Court on the affidavit filed by the Director General of Police, U.P. and submits that gang chart of crime in question was prepared in the year 2020, however, the Rules relies by the learned counsel for the applicant are applicable w.e.f. 27.12.2021, therefore, provision of these Rules are not applicable in Versus Counsel for Applicant(s) : Sanket Pandey Counsel for Opposite Party(s) : G.A. Ashish Kumar Srivastava @ Ashish Srivastava .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s)
the case of the applicant. He also submits that in the case of Vinod Bihari Lal (Supra) this fact was not brought into the notice of the Hon'ble Court, therefore, present application is liable to be dismissed.
6. Considering the submissions of learned counsel for the parties, going through the contents of the application as well as other relevant documents, violation of Rules promulgated in the year 2021 are not applicable in the present case because aforesaid Rules were applicable, w.e.f., 27.12.2021 but and gang chart was prepared in the year 2020, therefore, judgment relies by counsel for the applicant is not applicable in the present case.
7. In view of the above discussions made hereinabove, present application is dismissed. November 14, 2025 GauraV/- A482 No. 8505 of 2025 2 (Rajeev Singh,J.) Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench