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2025 DAILYLAW 64162 (ALL)

BRIJMOHAN VISHWAKARMA ALIAS JHINAK v. STATE OF U.P. AND ANOTHER

NA528/19358/2025 · 2025-10-05

Saurabh Srivastava

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 19358 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard Sri Sanjeev Kumar Yadav, learned counsel for applicant and learned A.G.A. for State. 2. This application has been preferred for quashing the charge-sheet dated 20.05.2024, cognizance/summoning order dated 08.10.2024 as well as the entire proceedings of S.C. No. 1614 of 2024 (State Vs. Sitanjali and Others), arising out of Case Crime No. 571 of 2023, under sections 3(1), 2(b)(i), 2(b)(xi), 2(b)(xxv) of U.P. Gangster and Antisocial Activities (Prevention) Act, 1986, Police Station-Geeda, District Gorakhpur, pending in the court of learned Additional District and Session Judge, Court No. 6/Special Judge, Gangster Act, Gorakhpur 3. While challenging entire proceedings, learned counsel for the applicant contended that at the time of preparing gang chart no joint meeting has been conducted by the authorities and as such entire proceedings be quashed. 4. Learned A.G.A. vehemently opposed the prayer sought through the instant petition and rebutted the stand taken up by learned counsel for the applicant by way of highlighting the gang chart itself, which is having same date on which forwarding authority signed the gang chart and the same was approved on the same date by the approving authority and a joint meeting has been held on 13.09.2023 itself between the District Magistrate and the Senior Superintendent of Police, District Gorakhpur. 5. None of the grounds taken up through the instant application are convincing for consideration of prayer as made through this application for Versus Counsel for Applicant(s) : Sanjeev Kumar Yadav Counsel for Opposite Party(s) : G.A. Brijmohan Vishwakarma Alias Jhinak .....Applicant(s) State of U.P. and Another .....Opposite Party(s) quashing of entire proceedings on the ground that no joint meeting has been held as per the Rule 5(3)(a) of the Gangster Rules. Since perusal of record shows that Rule 5(3)(a) of Gangster Rules, 2021 has been complied. 6. In view of the above facts and circumstances, no ground made out for seeking indulgence of this Court for the prayer as made through the instant application, hence dismissed. (Saurabh Srivastava,J.) October 6, 2025 Vibha Singh NA528 No. 19358 of 2025 2 Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad