AMARJEET YADAV AND ANOTHER v. STATE OF U.P. AND ANOTHER
NA528/36116/2025 · 2025-09-24
Saurabh Srivastava
Civil Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 98124 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 98124 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 36116 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J.
1. Heard learned counsel for applicants and learned A.G.A. for State. 2. The instant application has been preferred with the prayer to quash the impugned charge sheet dated 16.03.2024 along with cognizance order dated 23.04.2024 as well as the entire proceedings of Session Case no. 302 of 2024 (State vs. Ganesh Pratap Singh and Others) arising out of Case Crime no.105 of 2023, under Section 3(1) U.P. Gangster and Anti Social Activities (Prevention) Act, Police Station- Ghorawal, District- Sonbhadra, pending in the court of learned Additional Sessions Judge (F.T.C.) (C.A.W.), Sonbhadra. 3. This order has already been based over the instructions so received and while considering the same, order dated 19.08.2025 has been passed in favour of co-accused. 4. At the very outset, learned counsel for applicants submitted that in identical matter, co-accused, Rajesh Kumar Yadav and Another, preferred Application u/s 482 Cr.P.C. no.37318 of 2024 (Rajesh Kumar Yadav and Another vs. State of U.P. and another) before this Court challenging the same proceeding, wherein pleadings were entertained by this Court and after seeking instructions from learned A.G.A. so received by him, consideration has been drawn by this Court vide judgment and order dated 19.08.2025 (Annexure no.6), 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.105 of 2023 and the similar argument has been raised by learned counsel for Versus Counsel for Applicant(s) : Saurabh Pandey Counsel for Opposite Party(s) : G.A. Amarjeet Yadav And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
applicant s for challenging the said proceedings. 5. Although, learned AGA opposed the prayer sought through instant application but did not disputed the fact in respect of judgment and order dated 19.08.2025. 6.
In view of foregoing discussion, parity of judgment and order dated 19.08.2025 is applicable in favour of applicants and as such entire proceeding arising out of approval of gang chart which culminated into preferring the charge sheet on dated 16.03.2024, thereafter order passed by learned concerned court by way of passing summoning order on dated 23.04.2024, is hereby quashed and set aside in respect of applicants herein, in the light of judgment and order dated 19.08.2025 passed in case of Rajesh Kumar Yadav and Another (supra). 7. 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. 8. The instant application u/s 528 BNSS stands allowed accordingly. September 25, 2025 Saif NA528 No. 36116 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad