Dismissed¶14

Bhoora and Another v. State of U.P. and Another

Allahabad HC21 Aug 2025NA528/31082/2025

Case brief

AI extract

What is this about?

Quashing application u/S 528 BNSS dismissed; U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 — Section 3(1) and Clause 2(b); charge-sheet dt. 19.06.2020; cognizance/summoning order dt. 20.10.2020; Special Session Trial No. 82 of 2020; Case Crime No. 406 of 2019; F.I.R. dt. 07.12.2019; P.S. Asmoli, District Sambhal; Special Judge Gangster Act/Additional District Judge (Session & POCSO), Sambhal at Chandausi; applicants Bhoora and another; counsel Waseem Akram; G.A./A.G.A.; High Court of Judicature at Allahabad; Saurabh Srivastava, J.; neutral citation 2025:AHC:145571.

What did the court decide?

The Court found no good and legal ground for quashing the entire proceedings initiated against the applicants in pursuance of Case Crime No. 406 of 2019. ¶13

Bhoora and Another Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

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Neutral Citation No. - 2025:AHC:145571

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Court No. - 77

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Case :- APPLICATION U/S 528 BNSS No. - 31082 of 2025

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Applicant :- Bhoora And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Waseem Akram Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Srivastava,J.

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Heard Sri Waseem Akram, learned counsel for applicants and learned A.G.A. for State.

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The instant application has been preferred for quashing the charge-sheet dated 19.06.2020 along with cognizance/summoning order dated 20.10.2020 passed by learned Special Judge, Gangster Act/Additional District Judge (Session & POCSO), Sambhal at Chandausi and the entire proceedings of Special Session Trial No.82 of 2020, arising out of Case Crime No.406 of 2019, under section 3(1) of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, P.S. Asmoli, District- Sambhal.

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Learned counsel for the applicants submitted that the proceeding initiated against the applicants is illegal and against the material available on record; the material of investigation does not disclose commission of any alleged offences against the applicant and as such the proceedings initiated against the applicant including the impugned charge-sheet and cognizance/summoning order are liable to be quashed by this Court. It is further submitted by learned counsel for applicants that the present FIR has been registered only under Section 3(1) Gangsters Act, without mentioning the corresponding section i.e. 2b, mentioning the anti-social activities in which the applicant is involved and on the basis of which he was named as gangster and charge sheet has been also submitted only under Section 3(1) Gangster Act and court concerned has also taken cognizance against the same section without mentioning the corresponding section.

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Per contra, learned A.G.A. for the State vehemently opposed the prayer as made in the application and rebutted the stand taken up by learned counsel for applicants by way of submitting that the arguments whatsoever has been raised by learned counsel for applicants is amenable before learned trial court, which is specifically on the basis of statements so recorded by prosecution witnesses and the material evidences, which has been collected during the course of investigation. It is further submitted by learned A.G.A. that implication of applicants is on the basis of F.I.R. dated 07.12.2019

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NA528 No. 31082 of 2025

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under the special act and the other gang members are also implicated for carrying out activities of a gang enumerated in Clause 2(b) of Gangster Act, which is directly indulging all the gang members in anti-social activity subject to disturbing public order and gaining any undue temporal or pecuniary material or other advantages for themselves and as such submission made by learned counsel for applicants is not sustainable.

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After hearing rival submissions extended by learned counsel for the parties and by bare perusal of record, this Court finds no good and legal ground for quashing the entire proceedings initiated against the applicants in pursuance to Case Crime No.406 of 2019 and as such the instant application under section 528 BNSS lacks merit.

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The instant application stands dismissed accordingly.

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Order Date :- 22.8.2025 Saif

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Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad

Bhoora and Another v. State of U.P. and Another

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Bhoora and Another v. State of U.P. and Another

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