NANDLAL @ KALLA S/O DEVI SINGH v. STATE OF U.P. AND ANOTHER
NA528/9748/2025 · 2025-04-02
Saurabh Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 33656 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 33656 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:47065 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 9748 of 2025 Applicant :- Nandlal @ Kalla S/O Devi Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Brijesh Kumar Prajapati,Mahesh Kumar,Maheshwari Prasad Srivastava 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
order dated 18.03.2019, through which learned trial court framed the charges against the applicant as well as the entire proceedings of G.S.T. No.54 of 2018 (State vs. Govinda and Others) arising out of Case Crime No.1181 of 2017, under sections 2/3 of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, P.S. Vrindavan, District- Mathura.
3. Learned counsel for the applicant submitted that in the instant matter charge- sheet has been submitted against the applicant under sections 2/3 of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, thereafter applicant has been extended bail by learned court concerned and no criminal history has been credited in favour of the applicant and as such without considering the material available on record, learned trial court has wrongly framed the charges against the applicant.
4. Per contra, learned A.G.A. for the State vehemently opposed the prayer as made in the application and submitted that after considering the material available on record, learned trial court has framed charges 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 order passed by learned trial court.
6. In view thereof, the instant application under section 528 BNSS lacks merit and is hereby dismissed.
Order Date :- 3.4.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad