RAMESH CHANDRA SHUKLA AND ANOTHER v. STATE OF U.P. AND ANOTHER
A482/3196/2021 · 2026-09-22
Nand Prabha Shukla
body2026
DailyLaw.ai
[ 2026 DAILYLAW 9098 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 9098 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 3196 of 2021 Court No. - 80 HON'BLE NAND PRABHA SHUKLA, J.
1. Heard Mr. Shivam Pandey, learned counsel for the applicants, learned A.G.A. for the State and perused the record. 2. The present application under Section 482 Cr.P.C. has been filed with a prayer to quash the Cognizance Order dated 20.11.2019 passed by learned Additional Session Judge, Court No. 9/Special Judge Gangster Act, Fatehpur, Chargesheet dated 07.10.2019 in Special Trial No. 30 of 2019 (State Vs. Ramesh Chandra Shukla and others) arising out of Case Crime No. 112 of 2019, under Section 2/3 U.P. Gangster Act, Police Station- Kisanpur, District-Fatehpur, pending in the court of learned Additional Session Judge, Court No. 9/Special Judge Gangster Act, Fatehpur and to stay the further proceedings of the aforesaid Special Trial. 3. From the perusal of the material on record and looking into the facts of the case, at this stage, it cannot be said that no offence is made out against the applicants. All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court. Only in cases where the Court finds that there has been failure of justice or abuse of procedure, this power may be exercised to prevent the abuse of process to secure the ends of justice. 4. Accordingly, prayer for quashing is declined. 5. In case, the applicants are not on bail, it is directed that if the applicants appear or surrender through counsel before the Trial Court and make an Versus Counsel for Applicant(s) : Ajay Pandey, Shivam Pandey Counsel for Opposite Party(s) : G.A. Ramesh Chandra Shukla And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
application for bail within 45 days from the date of the order, the same shall be considered and disposed of expeditiously, after giving opportunity to the other side. 6. Further, it is provided that in case the applicants move an application for discharge at an appropriate stage through counsel, the same shall be disposed of by the Trial Court by a reasoned and speaking order in accordance with law within six weeks thereafter. 7. For a period of 45 days or till the disposal of the discharge application, whichever is earlier, no coercive measures shall be taken against the applicants in the aforesaid case. 8.
With the aforesaid direction, this application is disposed of. September 23, 2026 Shivani Sri. A482 No. 3196 of 2021 2 (Nand Prabha Shukla,J.) Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad