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2025 DAILYLAW 79043 (ALL)

AKEEL QURAISHI ALIAS MOHD AKEEL AZHAR AND 4 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/27858/2025 · 2025-09-16

Saurabh Srivastava

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 27858 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for applicants and learned AGA for State. 2. Present application has been preferred with the following prayers:- "... to quash the charge sheet dated 01.10.2023 along with cognizance order dated 05.02.2024 passed by learned Additional Session Judge/F.T.C. 1st, Ghazipur in Special Session Trial no. 99 of 2024 arising out of Case Crime no. 284 of 2022 under Section 3(1) of U.P.Gangster and Anti-social activities (Prevention) Act, at PS- Jamania, District Ghazipur." 3. At the very outset, learned counsel for applicant submitted that in identical matter, co-accused Jai Prakash Gupta preferred Application u/s 528 BNSS no. 19862 of 2025 (Jai Prakash Gupta vs. State of U.P. and another) before this Court challenging the same proceeding, wherein pleadings were entertained by this Court and after due consideration judgment and order dated 14.07.2025 (Annexure no. 7) has been passed by this Court whereby entire proceeding has been quashed and set aside. It is submitted that instant application has been preferred at the behest of applicants who are also implicated in same Case Crime no. 284 of 2022 and the similar argument has been raised by learned counsel for applicants for challenging the said proceedings. 4. Although, learned AGA opposed the prayer sought through instant application but did not disputed the fact in respect of judgment dated Versus Counsel for Applicant(s) : Mary Puncha (Sheeb Jose), Mohd. Kalim Counsel for Opposite Party(s) : G.A. Akeel Quraishi Alias Mohd Akeel Azhar And 4 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 14.07.2025. 5. In view of foregoing discussion, parity of judgment and order dated 14 .07.2025 is applicable in favour of applicants and as such entire proceeding arising out of approval of gang chart which culminated into preferring the charge sheet on dated 01.10.2023 thereafter order passed by learned concerned court by way of passing summoning order on dated 05.02.2024 is hereby quashed and set aside in respect of applicants namely Akeel Quraishi @ Mohd. Akeel Azhar, Shabir @ Telu Quraishi, Gaffar Quraishi, Intezar Quraishi @ Sheru and Ishrar Quraishi @ Sonu, in the light of judgment and order dated 14.07.2025 passed in case of Jai Prakash Gupta (supra). 6. However, the above mentioned order will not preclude the concerned authorities for re-initiation of the proceedings against applicants, if required in future, in accordance with law. 7. The instant application u/s 528 BNSS stands allowed accordingly. September 17, 2025 Shaswat NA528 No. 27858 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad