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2025 DAILYLAW 46238 (ALL)

PRADEEP v. STATE OF U.P. AND ANOTHER

NA528/14446/2025 · 2025-04-28

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:67683 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 14446 of 2025 Applicant :- Pradeep Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sushil Dubey 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 present application has been filed for quashing order dated 17.03.2025 passed by learned Special Judge, Gangster Act/Additional Session Judge, Court No.12, Ghaziabad in Case No.28 of 2014 arising out of Case Crime No.824 of 2013, under Sections 2/3 of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1984, Police Station- Masuri, District- Ghaziabad by means of which proceedings under section 82 Cr.P.C. has been issued against the applicant. 3. Learned counsel for applicant submits that impugned order dated 17.03.2025, through which proceeding under 82 Cr.P.C. initiated against the applicant is against the facts and law. The applicant had no knowledge about the proceedings initiated against him due to which he could not appear on the date fixed by the trial court, hence, proceeding under section 82 Cr.P.C. was issued against the applicant. 4. Per contra, learned A.G.A opposed the prayer. 5. Considering the facts and circumstances of the matter, applicant is hereby directed to appear before learned court concerned in pursuance to order dated 17.03.2025, through which proceeding under 82 Cr.P.C. initiated against the applicant 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 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad