Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 33888 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J.
1. Heard learned counsel for applicants and learned AGA for State. 2. Present application has been preferred with the following prayers:-
"... to quash charge sheet no. 461 of 2023 dated 07.10.2023, Session Case no. 1183 of 2023 (State of U.P. vs. Atul and others) summoning order dated 22.11.2023, Case Crime no. 161 of 2023, under Section 3(1) U.P.Gangsters and Anti-Social Activities (Prevention) Act, 1986, PS- Amroha Nagar, District Amroha."
3. At the very outset, learned counsel for applicant submitted that in identical matter, co-accused Javed and 2 others preferred Application u/s 482 Cr.P.C. no. 2007 of 2025 (Javed and 2 others 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 01.07.2025 (Annexure no. 6) 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. 161 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
01.07.2025. 5. In view of foregoing discussion, parity of judgment and order dated 01 Versus Counsel for Applicant(s) : Nadeem, Rajiv Sisodia Counsel for Opposite Party(s) : G.A. Jafar And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
.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 7.10.2023 thereafter order passed by learned concerned court by way of passing summoning order on dated 22.11.2023 is hereby quashed and set aside in respect of applicants namely Jafar, Dilshad and Fazil @ Mukhiya, in the light of judgment and order dated 01.07.2025 passed in case of Javed (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.
September 8, 2025 Shaswat NA528 No. 33888 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad