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2025 DAILYLAW 81676 (ALL)

ANAS v. STATE OF U.P. AND ANOTHER

NA528/28919/2025 · 2025-09-02

Saurabh Srivastava

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 28919 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for the parties. 2. Present application has been preferred with the following prayers:- "... to quash the entire proceedings of S.S.T. no. 318 of 2024 (State vs. Anas and others) including charge sheet dated 31.8.2023 as well as cognizance/summoning order dated 14.02.2024 passed by learned Special Judge, Gangster Act/Additional District Judge/Court no. 8, Bulandshahar arising out of Case Crime no. 0054 of 2023 under Section 2/3 of U.P.Gangster and Anti-Social Activities (Prevention) Act, 1986, PS- Kotwali Dehat, District Bulandshahar." 3. At the very outset, learned counsel for applicant submitted that in identical matter, co-accused Danish preferred Application u/s 528 BNSS no. 28180 of 2025 (Danish 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 20.08.2025 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 applicant who is also implicated in same Case Crime no. 0054 of 2023 and the similar argument has been raised by learned counsel for applicant 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 20.08.2025. Versus Counsel for Applicant(s) : Abhishek Kumar Saroj, Nagendra Bahadur Singh, Virendra Yadav Counsel for Opposite Party(s) : G.A. Anas .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 5. In view of foregoing discussion, parity of judgment and order dated 20.08.2025 is applicable in favour of applicant and as such entire proceeding arising out of approval of gang chart which culminated into preferring the charge sheet on dated 31.08.2023 thereafter order passed by learned concerned court by way of passing summoning order on dated 14.02.2024 is hereby quashed and set aside. 6. However, the above mentioned order will not preclude the concerned authorities for re-initiation of the proceedings against applicant, if required in future, in accordance with law. 7. The instant application u/s 528 BNSS stands allowed accordingly. September 3, 2025 Shaswat NA528 No. 28919 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad