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2025 DAILYLAW 85981 (ALL)

TARA SINGH PATEL v. STATE OF U.P. AND ANOTHER

NA528/29821/2025 · 2025-08-21

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:145435 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 29821 of 2025 Applicant :- Tara Singh Patel Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Deeksha Gupta,Siddharth Srivastava Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Sri Siddharth Srivastava, learned counsel for applicant and learned AGA for State. 2. Present application has been preferred with the following prayers:- "... to quash charge sheet no. A/115 dated 30.05.2024 and cognizance order dated 25.10.2024 in Case Crime no. 0104 of 2022 under Section 3(1) U.P.Gangster and Anti-Social Activities (Prevention) Act, 1986, PS- Rani Ki Sarai, District Azamgarh upon which learned Additional District and Session Judge/Special Judge (Gangster Act), Court no. 6, Azamgarh has summoned the applicant to face the trial as well as entire proceeding of Special Session Trial no. 142 of 2024" 3. At the very outset, learned counsel for applicant submitted that in identical matter, co-accused Saharsh Rai @ Goldi Rai preferred Application u/s 528 BNSS no. 14836 of 2025 (Saharsh Rai @ Goldi Rai 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 21.05.2025 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. 0104 of 2022 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 21.05.2025. 5. In view of foregoing discussion, parity of judgment and order dated 21.05.2025 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 30.05.2024 thereafter order passed by learned concerned court by way of passing summoning order on dated 25.10.2024 is hereby quashed and set aside in respect of applicant namely Tara Singh Patel, in the light of judgment and order dated 21.05.2025 passed in case of Saharsh Rai @ Goldi Rai (supra). 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. Order Date :- 22.8.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad