Dismissed

Shankar Singh v. State of U.P. and Another

Allahabad HC3 Jan 2025A482/30097/2024

Case brief

AI extract

What is this about?

Applicant sought direction to postpone his sessions trial till conclusion of a related gangster trial. The Court noted no prior Section 12 Gangsters Act application had been filed below before this petition, questioned maintainability, and permitted withdrawal.

What did the court decide?

Application dismissed as not pressed with liberty to pursue the Section 12 Gangsters Act application pending before the court below.

Shankar Singh vs State of U.P. and Another — Criminal Trial and Appeal | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:1291

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Court No. - 71

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Case :- APPLICATION U/S 482 No. - 30097 of 2024

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Applicant :- Shankar Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Sengar,Akshay Raj Singh Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Misra,J.

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Heard Mr. Ajay Sengar, the learned counsel for applicant and the learned A.G.A. for State-opposite party-1.

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Perused the record.

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Applicant-Shankar Singh has approached this Court by means of present application under Section 482 Cr.P.C. with the following prayer:

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" A. direct to the Learned District and Sessions Judge, Lalitpur to comply with the Section 12 of the U.P. Gangsters and Anti- Social Activities (Prevention) Act, 1986 and postpone the Sessions Trial No. 0934 of 2023 (State of Uttar Pradesh Vs. Pancham Singh and Others), arising out of the Case Crime No. 0342 of 2023, u/Ss. 147, 302/149, 323/149, 427, 504, 506 Indian Penal Code, Police Station-Talbehat and District-Lalitpur till the conclusion of the Special Trial of Case Crime No. 0001 of 2024, u/Ss. 2 (b) (i) of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station-Talbehat, District-Lalitpur. During the pendency of the present Criminal Misc. Application, Otherwise the applicant herein will suffer heavy loss and injury.

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At the very outset, the Court raised a pointed query as to whether an application under Section 12 of U.P. Gangsters and Anti- Social Activities (Prevention) Act, 1986 was filed before court below or not, the learned counsel for applicant fairly submits

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that after filing of present application before this Court, an application under Section 12 of U.P. Gangsters and Anti- Social Activities (Prevention) Act, 1986 was filed before court below. At this juncture, the Court objected to the maintainability of present application.

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When confronted with above, the learned counsel for applicant submits that he be permitted to withdraw the present application with liberty to pursue the application under Section 12 of U.P. Gangsters and Anti- Social Activities (Prevention) Act, 1986 filed before court below.

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Learned A.G.A. has no objection to the aforementioned submissions urged by the learned counsel for applicant.

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In view of above, this application is accordingly dismissed as not pressed with liberty aforesaid.

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Order Date :- 3.1.2025 YK

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Digitally signed by :- YASHWANT KUMAR High Court of Judicature at Allahabad

Shankar Singh v. State of U.P. and Another

Case brief

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Shankar Singh v. State of U.P. and Another

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