Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:45390 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 9562 of 2025 Applicant :- Amar Singh Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ganga Prasad Gupta Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State.
2. The instant application under section 528 BNSS has been preferred to quash the charge-sheet dated 09.01.2025, cognizance/summoning order dated 30.01.2025 as well as the entire proceedings of Case No.04 of 2025 (State vs. Amar Singh and Others) arising out of Case Crime No.102 of 2024, under sections 2/3(1) of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, P.S. Sandeepanghat, District- Kaushambi in respect of applicant only.
3. Learned counsel for the applicant submitted that the proceeding initiated against the applicant is illegal and against the material available on record; he further submitted that there is non-compliance of Rules 5(3)(a) of Rules 2021 in the preparation of gang chart and as such the proceedings initiated against the applicant including the impugned charge-sheet and cognizance/summoning order are liable to be quashed by this Court.
4. Per contra, learned A.G.A. for the State vehemently opposed the prayer as made in the application and submitted that there is full compliance of Rules 5(3)(a) of Rules 2021 and as such the learned court concerned has rightly proceeded against the applicant.
5. After hearing rival submissions extended by learned counsel for the parties and by bare perusal of record, there appears no illegality and impropriety in the impugned charge-sheet and cognizance/summoning order and as such learned court concerned has rightly proceeded against the applicant.
6. In view thereof, the instant application under section 528 BNSS lacks merit and is hereby dismissed. Order Date :- 2.4.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad