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2025 DAILYLAW 91345 (ALL)

AMIT KUMAR @ AMIT DUBEY v. STATE OF U.P. AND ANOTHER

NA528/34921/2025 · 2025-09-11

Saurabh Srivastava

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 34921 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 entire proceeding of Session Case no. 4589 of 2024 (State vs. Anurag Kumar @ Anurag Dubey and others) arising out of Case Crime no. 258 of 2023 under Section 3(1) of U.P.Gangster and Anti-Social Activities (Prevention) Act, PS- Mohammadabad, District Farrukhabad along with charge sheet dated 30.08.2024 and cognizance order dated 07.12.2024." 3. At the very outset, learned counsel for applicant submitted that in identical matter, co-accused Anurag Kumar @ Anurag Dubey preferred Application u/s 482 no. 2235 of 2025 (Anurag Kumar @ Anurag Dubey 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 18.08.2025 (Annexure no. 7) 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. 258 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 18.08.2025. Versus Counsel for Applicant(s) : Shailendra Kumar Tripathi Counsel for Opposite Party(s) : G.A. Amit Kumar @ Amit Dubey .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 5. In view of foregoing discussion, parity of judgment and order dated 18 .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 30.08.2024 thereafter order passed by learned concerned court by way of passing summoning order on dated 07.12.2024 is hereby quashed and set aside in respect of applicant herein, in the light of judgment and order dated 18.8.2025 passed in case of Anurag Kumar @ Anurag Dubey (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 12, 2025 Shaswat NA528 No. 34921 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad