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Neutral Citation No. - 2025:AHC:91848 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 19244 of 2025 Applicant :- Salim Alias Tundal Opposite Party :- State of U.P. and Another Counsel for Applicant :- A.K. Mishra,Sati Shanker Tripathi Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J.
1. Heard learned counsel for applicant and learned A.G.A. for State.
2. The instant application has been preferred for quashing the entire proceedings of G.S.T. No.399 of 1999 (State vs. Rajjo and Others), under sections 2/3 of The U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 arising out of Case Crime No.52 of 1997, P.S. Govind Nagar, District- Mathura, pending in the court of learned Special Judge (Gangster Act), Mathura including summoning order date
03.05.2025.
3. At the very outset, before adjudication of the grounds taken up through the instant application, it is has been submitted by learned counsel for applicant that this is the second application under section 528 BNSS, whereas the first application under section 482 Cr.P.C. has already been dismissed by co-ordinate Bench of this Court vide judgement and order dated 01.10.2019 and now under the changed circumstances, a fresh application preferred under section 528 BNSS has been preferred.
4. Learned A.G.A. opposes the prayer as made in the application and submitted that without considering any other new grounds, this second application under section 528 BNSS has been preferred.
5. After hearing the submissions extended by learned counsel for parties, it is clear that this is the only ground which is sufficient for dismissing the instant application on legal issue that second application under section 528 BNSS is not maintainable for seeking same prayer and for challenging the same issue, which has already been adjudicated by co-ordinate Bench of this Court vide order dated 01.10.2019.
6. The instant application under section 528 BNSS stands dismissed accordingly. Order Date :- 28.5.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad