GAURAV KUMAR SINGH ALIAS SANIYA ALIAS SUNNY AND ANOTHER v. STATE OF U.P. AND ANOTHER
NA528/29830/2025 · 2025-08-21
Saurabh Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 85737 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 85737 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:145236 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 29830 of 2025 Applicant :- Gaurav Kumar Singh Alias Saniya Alias Sunny And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anupam Anand,Shikhar Awasthi Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J.
1. Heard Sri Shikhar Awasthi, learned counsel for applicants and learned AGA for State.
2. Present application has been preferred with the following prayers:-
"... to quash the entire proceedings along with charge sheet dated 22.12.2023 numbered as 565/2023 in Special Case no. 330 of 2024 (State vs. Bhupendra and others) including cognizance and summoning order dated 08.01.2024 arisng out of Case Crime no. 114 of 2023 under Section 2/3 U.P.Gangsters Act, PS- Dibai, District Bulandshahar, pending in court of Special Judge (Gangsters Act)/Additional Sessions Judge, Court no. 8, Bulandshahar with respect to applicants."
3. At the very outset, learned counsel for applicant submitted that in identical matter, co-accused Bhupendra Kumar and Bablu @ Lokesh @ Badalua preferred Application u/s 528 BNSS no. 12952 of 2025 (Bhupendra Kumar and another 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 28.07.2025 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 applicants who are also implicated in same Case Crime no. 114 of 2023 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 28.07.2025.
5. In view of foregoing discussion, parity of judgment and order
dated 28.07.2025 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 22.12.2023 thereafter order passed by learned concerned court by way of passing summoning order on dated 08.01.2024 is hereby quashed and set aside in respect of applicant namely Gaurav Kumar Singh Alias Saniya Alias Sunny and Satendra Alias Lalla, in the light of
judgment and order dated 28.07.2025 passed in case of Bhupendra Kumar (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.
Order Date :- 22.8.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad