The Court dismissed an application under Section 482 CrPC seeking quashing of a charge sheet and non-bailable warrant under the U.P. Gangster and Anti Social Activities (Prevention) Act, finding no merit and directing the applicant to seek bail through proper channels.
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Court No. - 39
Case :- APPLICATION U/S 482 No. - 10081 of 2020
Applicant :- Vikram Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Bhupendra Kumar Pandey,Sanjay Pathak Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Sunita Agarwal,J.
The present application has been filed seeking quashing of the chargesheet dated 13.9.2008 as well as non bailable warrant dated 17.12.2019 issued by the Additional Sessions Judge/Fast Track Court II Maharajganj and the entire proceeding in Criminal Case no.26 of 2014 arising out of Case Crime no.33 of 2007 under Section 3(1) of U.P Gangster and Anti Social Activities (Prevention) Act, P.S-Farenda District-Maharajganj pending in the court of Additional Sessions Judge/Fast Track Court II Maharajganj.
Having heard learned counsel for the parties and perused the record, this Court does not find any justification to quash the charge sheet and the criminal proceedings initiated by the court concerned.
Non bailable warrant has been issued against the applicant by the order dated 17.12.2019 passed by the Additional Sessions Judge/Fast Track Court II Maharajganj. It is incumbent for the applicant to appear before the court and move a proper application for grant of bail.
In case, such an application is moved, the same may be considered as expeditiously as possible.
Subject to the above, the application under Section 482 is dismissed being devoid of merit.
Order Date :- 12.6.2020 Harshita
2 issues framed by the court
Whether the chargesheet initiated under the U.P. Gangster and Anti Social Activities (Prevention) Act warrants quashing under Section 482 CrPC.
Whether the non-bailable warrant issued against the applicant requires quashing.
2 provisions across 2 enactments
Vikram Singh
State of U.P.
Sunita Agarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
