BANTI ALIAS HAZARI LAL v. STATE OF U.P. AND ANOTHER
NA528/34506/2025 · 2025-09-09
Saurabh Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 93492 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 93492 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 34506 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. This application under section 528 BNSS has been preferred to quash the chargesheet dated 18.10.1996 (NBW order dated 18.07.1998 as well as proceeding under Section 82 Cr.P.C. dated 22.07.2025) along with entire consequential proceedings initiated against applicant in Session Trial No. 05 of 1997 (State vs. Gopal Aninash), arising out of Case Crime No. 173 of 1995, under section 2/3 of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, P.S. Meja, District- Prayagraj, pending in the Court of learned Additional District Judge XVI, Prayagraj. 3. At the very outset, learned counsel for applicant submits that impugned orders are against the facts and law. The applicant has no knowledge about the proceedings initiated against him due to which he could not appear on the date fixed by the trial Court, hence, NBW order dated 18.07.1998 as well as Section 82 Cr.P.C. proceeding order dated 22.07.2025 was initiated against the applicant. 4. Per contra, learned A.G.A opposed the prayer. 5. Considering the facts and circumstances of the matter, applicant is directed to appear before the learned court concerned in pursuance to impugned NBW order dated 18.07.1998 as well as proceeding under Section 82 Cr.P.C. dated 22.07.2025 within three weeks from today. Versus Counsel for Applicant(s) : Buddhi Prakash, Kamlesh Prasad Counsel for Opposite Party(s) : G.A. Banti Alias Hazari Lal .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
6. Till three weeks from today, no coercive action shall be initiated against the applicant in pursuance of Session Trial No. 05 of 1997 (State vs. Gopal Aninash), arising out of Case Crime No. 173 of 1995, under section 2/3 of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, P.S. Meja, District- Prayagraj, pending in the Court of learned Additional District Judge XVI, Prayagraj. After the expiry of aforesaid period of three weeks, learned concerned court is directed to proceed as per law. However, it is made clear that none of the grounds are convincing for seeking quashing of orders impugned along with entire proceedings. 7. With the aforesaid observation, the application is disposed of.
September 10, 2025 #Vik/- NA528 No. 34506 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad