ABU KHALID AND ANOTHER v. STATE OF U.P. AND 2 OTHERS
NA528/13267/2025 · 2025-04-28
Saurabh Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 43695 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 43695 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:68206 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 13267 of 2025 Applicant :- Abu Khalid And Another Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Ashish Gupta Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J.
1. Heard Sri Ashish Gupta, learned counsel for applicants and learned AGA for the State.
2. Present application has been preferred with the prayer to quash and set aside the impugned charge sheet dated 29.10.2024 filed under Section 3(1) and 2(b)(xv) of Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 arising out of Case Crime no. 23 of 2024, PS- Nizamabad, District Azamgarh, quash the cognizance order dated 16.12.2024 and order dated 04.04.2025 passed by learned Addditional District and Sessions Judge, Special Judge (Gangsters Act), Court no. 6, Azamgarh, whereby non- bailable warrants and proclamation under Section 82 of Code of Criminal Procedure was issued against the applicants. Further, prayer has also been made to quash the entire criminal proceeding arising out of Special Sessions Trial no. 161 of 2024 (State vs. Mister @ Mainuddin & others) under Section 3(1) of U.P.Gangsters and Anti-Social Activities (Prevention) Act, 1986, pending before learned court of Additional Sessions Judge/Special Judge (Gangster Act), Court no. 6, Azamgarh.
3. Learned counsel for applicants pressed all the grounds whatsoever has been taken through the instant application and submitted that proceedings initiated against the applicants are not in consonance with the procedure available at law. Lastly, it is also submitted that applicants are ready to appear before the learned court concerned in pursuance to impugned order dated 04.04.2025.
4. Per contra, learned AGA vehemently opposed the prayer sought through the instant application.
5. Considering the facts and circumstances of the matter, applicant is directed to appear before the learned court concerned in pursuance to proceeding under challenge within three weeks from
today. Till three weeks from today, no coercive action shall be initiated against the applicant. After the expiry of aforesaid period of three weeks, learned concerned court is directed to proceed as per law.
6. With the aforesaid observation, the application is disposed of. Order Date :- 29.4.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad