Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 36093 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 as well as charge sheet dated 30.12.2024 along with cognizance order dated 1.2.2025 passed by learned Court of Special Judge (Gangster Act)/Additional Session Judge, Court no. 8, Bulandshahar in Case no. 467 of 2025 (State vs. Rahul @ Michchu and others) arising out of Case Crime no. 619 of 2024, under Section 2/3 U.P.Gangster and Anti-Social Activities (Prevention) Act, 1986, PS- Khurja Nagar, District Bulandshahar through which applicant has been summoned for facing trial."
3. At the very outset, learned counsel for applicant submitted that in identical matter, co-accused Rahul @ Sonu Verma preferred Application u/s 528 BNSS no. 23168 of 2025 (Rahul @ Sonu Verma 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 28.07.2025 (Annexure no. 6) has been passed by this Court on the basis of instructions received by learned AGA and it is specifically mentioned under para 4 of the said judgment that it is not disputed by learned AGA that no joint meeting has been conducted. Vide
judgment dated 28.7.2025 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. 619 of 2024 and the similar argument has been raised by learned counsel for applicant for Versus Counsel for Applicant(s) : Mrityunjay Dwivedi Counsel for Opposite Party(s) : G.A. Pawan Verma .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
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
28.07.2025.
5. In view of foregoing discussion, parity of judgment and order dated 28.7.2025 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 30.12.2024 thereafter order passed by learned concerned court by way of passing summoning order on dated 01.02.2025 is hereby quashed and set aside in respect of applicant namely Pawan Verma.
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 25, 2025 Shaswat NA528 No. 36093 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad