Disposed
Ajay Yadav and Another v. State of U.P. and Another
Allahabad HCA482/9971/2024
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JUDICATURE AT ALLAHABAD APPLICATION U/S 482…
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JUDICATURE AT ALLAHABAD APPLICATION U/S 482…
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HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 482 No. - 9971 of 2024
Ajay Yadav And Another
.....Applicant(s)
Versus
State Of U.P. And Another
| .....Opposite Party(s) |
|
|---|---|
| Counsel for Applicant(s) | : Smita Singh Deo, Sohan Lal Yadav |
| Counsel for Opposite Party(s) | : G.A. |
Court No. - 76
HON'BLE SANJAY KUMAR PACHORI, J.
Heard Shri Sohan Lal Yadav, learned counsel for the applicants and Shri Kamleshwar Singh, learned A.G.A. for the State.
The present application under Section 482, Cr.P.C. has been filed by the applicants to quash the entire proceedings of Special Case No. 823 of 2022, arising out of case crime No. 958 of 2018, under Section 2/3 of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police StationJagdishpura, District Agra as well as cognizance/summoning order dated 31.5.2022, pending in the court of Special Judge (Gangsters Act), Agra.
Learned counsel for the applicants submits that present application under Section 482, Cr.P.C. has been restored by the Supreme Court vide order dated 9.9.2024 in Criminal Appeal Nos. 3672 of 2024 and 3673 of 2024.
Learned counsel for the applicants further submits that first information report dated 10.9.2018 has been lodged on the basis of false and frivolous allegations with ulterior motive and only to harass the present applicants. It is further submitted that Gangsters Act has been imposed against the applicant on the basis of solitary case as case crime No. 30 of 2018, under Sections 420, 467, 468, 471, 120-B, 323, 504, 506, 427, I.P.C. It is further submitted that proceedings of the aforesaid case has been quashed by a Coordinate Bench of this Court in Application U/S 482 No. 2166 of 2015 on 30.1.2015. Gang chart has been prepared against the Rule 26 of the U.P. Gangsters and Anti-Social Activities (Prevention) Rules 2021.
Prima facie, matter requires consideration.
Learned A.G.A. has accepted notice on behalf of opposite party No. 1.
A482 No. 9971 of 2024
2
Issue notice to opposite party no.2 returnable at an early date.
Learned A.G.A. as well as opposite party no. 2 may file their counter affidavits within three weeks. Rejoinder affidavit may be filed within one week thereafter.
List after eight weeks.
Until further orders of this Court, further proceedings of the aforesaid case shall remain stayed against the applicants.
April 9, 2026 T. Sinha
(Sanjay Kumar Pachori,J.)
Digitally signed by :- TRIPTI SINHA High Court of Judicature at Allahabad
Ajay Yadav
Sanjay Kumar Pachori
As recorded by the court registry
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