Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 95711 (ALL)

ASHOK ARYA v. State of UP through Principle Secretary (Home) UP at Lucknow & another

A482/30581/2024 · 2025-04-30

Saurabh Srivastava

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:69246 Court No. - 74 Case :- APPLICATION U/S 482 No. - 30581 of 2024 Applicant :- Ashok Arya Opposite Party :- State Of Up Through Principle Secretary (Home) Up At Lucknow & Another Counsel for Applicant :- Mayank Singh,Ram Dulare Singh,Tripuresh Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Sri Vimal Kumar holding brief of Sri Mayank Singh, learned counsel for the applicant and learned A.G.A. for the State. 2. The present application under Section 482 Cr.P.C., has been filed for quashing the impugned chargesheet no. 238 of 2011 dated 12.07.2011, cognizance/summoning order dated 29.10.2011 passed by learned Special Judge (Gangster Act), Agra, N.B.W. order dated 21.10.2013 as well as the entire proceedings of GST No. 335 of 2011 arising out of Case Crime no. 206 of 2011 under section 2/3 of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station-New Agra, District Agra. 3. Learned counsel for applicant submits that impugned N.B.W. order is against the facts and law. The applicant had no knowledge about the proceedings initiated against him due to which he could not appear on the date fixed by the trial Court, hence, non-bailable warrant was issued against the applicant. 4. Per contra, learned A.G.A opposed the prayer. 5. Considering the facts and circumstances of the matter, applicantis directed to appear before the learned court concerned in pursuance to impugned N.B.W. order dated 21.10.2013 within three weeks from today. 6. Till three weeks from today, no coercive action shall be initiated against the applicant in pursuance of GST No. 335 of 2011 arising out of Case Crime no. 206 of 2011 under section 2/3 of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station-New Agra, District Agra. After the expiry of aforesaid period of three weeks, learned concerned court is directed to proceed as per law. 7. With the aforesaid observation, the application is disposed of. Order Date :- 1.5.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad