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Neutral Citation No. - 2025:AHC:48987 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 10743 of 2025 Applicant :- Jitendra Bhadana Opposite Party :- State of U.P. and Another Counsel for Applicant :- Neeja Srivastava,Sr. Advocate Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J.
1. Heard learned counsel for the parties.
2. Present application has been preferred with the prayer to quash the impugned summoning order date 17.02.2025 passed by learned Additional Sessions Judge/FTC-II, Amroha, impugned charge sheet dated 3.2.2025 as well as further proceeding of Sessions Case no. 119 of 2025 (State vs. Jitendra Bhadana & others) under Sections 3(1) of U.P.Gangsters & Anti-Social Activities (Prevention) Act, 1986 arising out of Case Crime no. 127 of 2024 registered at PS- Gajraula, District Amroha pending in court of learned Additional Sessions Judge/FTC-II, Amroha.
3. At the very outset, learned counsel for applicant sought the attention of court over page no. 113 of the instant application whereat gang-chart of present case has been appended. Learned counsel contended that while approving the gang-chart Rule 5(3) (a), 16 & 17 of U.P.Gangsters & Anti-Social Activities (Prevention) Rules, 2021 has not been complied with. Learned counsel for the applicant while raising arguments, relied upon
judgment passed by Division Bench of this Court in case of Sanni Mishra @ Sanjayan Kumar Mishra vs. State of U.P. and 2 others decided on 13.12.2023 in Crl. Misc. Writ Petition no. 16258 of 2023 wherein the arbitrariness has been highlighted while forwarding and approving the gang chart. Lastly, it has been submitted that impugned proceeding is not sustainable in the eye of law and is liable to be set aside.
4. Per contra, learned AGA vehemently opposed the prayer sought through the instant application and submitted that the gang-chart has been approved in consonance with Rule 5(3)(a), 16 & 17 of Rules of 2021, hence no interference is required.
5. After hearing the rival submissions extended by learned
counsels for the parties and by bare perusal of the gang-chart which has been appended along with instant application, it is crystal clear that the joint meeting has been held by all the four officers wherein the specific wording has been mentioned for perusal of the records and regarding their satisfaction and as such the same has been approved in due compliance of Rule 5(3)(a), 16 & 17 of Rules of 2021. Considering the facts and circumstances of present case, this Court finds that judgment relied upon by learned counsel for applicant in case of Sanni Mishra @ Sanjayan Kumar Mishra (supra) is not applicable in the instant matter. None of the grounds raised by learned counsel for applicant are sustainable in the eye of law, so as to warrant any kind of interference, hence no case is made out in favour of applicant.
6. In view of foregoing discussions, instant application u/s 528 BNSS lacks merit, hence dismissed.
Order Date :- 4.4.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad