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Neutral Citation No. - 2025:AHC:137123 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 28015 of 2025 Applicant :- Sanjai Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anil Kumar Chaudhary Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J.
1. Heard learned counsel for the parties.
2. Present application has been preferred with prayer to quash entire proceeding of charge sheet dated 11.07.2018 in G.T. no. 10/2018 pending before Additional Sessions Judge, FTC-I, Mau in between State vs. Sanjay Yadav arising out of Case Crime no. 65/2018 under Section 3(1) U.P.Gangster and Anti-Social Activities (Prevention) Act, 1986, PS- Sarai Lakhansi, District Mau and cognizance cum summoning order dated 01.08.2018 in G.T. no. 10/2018.
3. At the very outset, learned AGA raised a preliminary objection regarding maintainability of instant application and submitted that through the same, cognizance order passed way back in the year 2018 has been challenged which is not sustainable in the eye of law since there is considerable delay in challenging the cognizance order.
4. Learned counsel for applicant could not satisfactorily explain the delay caused in challenging the cognizance order.It is also submitted that applicant has already been granted bail.
5. Considering the argument raised by learned AGA for State which seems to be forceful, this Court finds that cognizance order passed on dated 01.08.2018 has been challenged in the year 2018 i.e. almost after 7 years which is not at all sustainable in the eye of law and as such prayer sought through instant application cannot be acceded.Applicant is directed to cooperate with trial of present case.
6. The application u/s 528 BNSS stands dismissed accordingly. Order Date :- 12.8.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad