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2025 DAILYLAW 91065 (ALL)

ALTAF ALI v. STATE OF U.P. AND ANOTHER

NA528/33566/2025 · 2025-09-10

Saurabh Srivastava

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 33566 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for applicant and learned AGA for State. 2. Present application has been preferred with the following prayers:- "... to quash the entire proceedings of Case no. 706 of 2024 (State vs. Sabit Hussain @ Guddu) and quash the charge sheet dated 22.08.2024 as well as cognizance/summoning order dated 30.09.2024 passed by learned Additional Session Judge/FTC/Sonbhadra in Case Crime no. 13 of 2024 under Section 3(1) of U.P.Gangster and Anti-Social Activities (Prevention) Act, PS- Ghorawal, District Sonbhadra." 3. At the very outset, learned counsel for applicant submitted that in identical matter, co-accused Subedar preferred Application u/s 482 no. 44435 of 2024 (Subedar 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 4.07.2025 (Annexure no. 5) 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. 13 of 2024 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 4.07.2025. Versus Counsel for Applicant(s) : Anil Kumar Srivastava, Rashid Ali Counsel for Opposite Party(s) : G.A. Altaf Ali .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 5. In view of foregoing discussion, parity of judgment and order dated 4 .07.2025 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 22.08.2024 thereafter order passed by learned concerned court by way of passing summoning order on dated 30.09.2024 is hereby quashed and set aside in respect of applicant herein, in the light of judgment and order dated 4.07.2025 passed in case of Subedar (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. September 11, 2025 Shaswat NA528 No. 33566 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad