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2025 DAILYLAW 93079 (ALL)

ABDUL RASHEED v. STATE OF U.P.

NA528/36239/2025 · 2025-09-18

Saurabh Srivastava

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 36239 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for the parties. 2. The instant application has been preferred for quashing the entire proceedings of Special Case No.947 of 2024 (State vs. Abdul Rasheed) arising out of Case Crime No.335 of 2023, under sections 2/3 of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, P.S. Khurja Dehat, District- Bulandshahar, pending in the court of learned Special Judge (Gangster Act), Bulandshahar including charge-sheet no.61 of 2024 dated 10.04.2024 as well as cognizance/summoning order dated 15.07.2024. 3. At the very outset, learned counsel for applicant sought the attention of this Court over the cognizance/summoning order dated 15.07.2024 passed under section 190 Cr.P.C., which is in cyclostyle/printed proforma and no application of mind has ever been applied in it by learned court concerned and the same is apparent from the order dated 15.07.2024 appended with the affidavit filed in support of instant application. 4. On bare perusal of the order dated 15.07.2024 passed by learned Special Judge (Gangster Act), Bulandshahar in above-mentioned case, it is apparent that the same is purely on printed proforma, wherein certain information in shape of name of the accused, police station, district and next date has been filled up and as such impugned order may be quashed by this Court. 5. Per contra, learned A.G.A. vehemently opposed the prayer as made in the application, but did not dispute the submissions as made by learned counsel for applicant. Versus Counsel for Applicant(s) : Ram Raj Pandey, Shubham Pandey Counsel for Opposite Party(s) : G.A. Abdul Rasheed .....Applicant(s) State of U.P. .....Opposite Party(s) 6. After hearing rival submissions extended by learned counsel for the parties and by bare perusal of record, arguments raised by learned counsel for applicant seems to be justified with regard to order dated 15.07.2024, which has been prepared in cyclostyle manner, which is in shape of printed proforma and as such the same cannot survives. 7. In view of aforementioned facts and circumstances of the case, the order dated 15.07.2024 passed in Special Case No.947 of 2024 (State vs. Abdul Rasheed) arising out of Case Crime No.335 of 2023, under sections 2/3 of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, P.S. Khurja Dehat, District- Bulandshahar, pending in the court of learned Special Judge (Gangster Act), Bulandshahar, is hereby set-aside. 8. The instant application stands allowed accordingly. 9. However it is made clear that after considering the charge-sheet, learned court concerned may take fresh cognizance over the same in accordance with law, if required. September 19, 2025 Saif NA528 No. 36239 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad