Shiv Raj Singh and 5 Others vs State of U.P… — Mining and Natural Resources | Allahabad HC (2025)

Shiv Raj Singh and 5 Others vs State of U.P… — Mining and Natural Resources | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Interim protection only: no coercive action shall be taken against the applicants pursuant to the impugned order dated 30.11.2023 and the impugned chargesheet dated 07.11.2023; learned AGA granted ten days to obtain instructions; matter to be listed fresh on 21.11.2025 with connected Application Under Section 528 BNSS No. 43512 of 2025; main application kept pending.

Issue for consideration

Whether the proceedings in Gangster Sessions Trial No.0040 of 2023 (State of U.P. vs. Shivendra Singh and Others), arising out of Case Crime No.142 of 2022, under Section 2/3 of the Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986, pending before the learned Special Judge (Gangster Act), Jalaun, should be quashed against the present applicants as well.

Court's answer

As an interim measure, no coercive action shall be taken against the applicants pursuant to the impugned order dated 30.11.2023 passed by the learned Special Judge (Gangster Act), Jalaun, and the impugned chargesheet dated 07.11.2023 submitted in Gangster Sessions Trial No.0040 of 2023.

Ratio / Principle

Ten days' time granted to the learned AGA to obtain instructions on whether the applicants were also parties in Application under Section 528 BNSS No.38225 of 2025; the case is to be listed fresh on 21.11.2025 along with connected Application Under Section 528 BNSS No. 43512 of 2025 (Ganesh Shukla and four others).

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Vivek Kumar Singh, J.), interim order dated November 10, 2025 in Application U/S 528 BNSS No. 43656 of 2025 — Shiv Raj Singh and 5 Others v. State of U.P. and Another. Applicants facing Gangster Sessions Trial No.0040 of 2023 (State of U.P. vs. Shivendra Singh and Others), arising out of Case Crime No.142 of 2022, Sections 2/3, Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986, P.S. Madhogarh, District Jalaun, founded on the impugned order dated 30.11.2023 of the Special Judge (Gangster Act) and chargesheet dated 07.11.2023, sought parity: the applicants had already secured quashing of Case Crime No.94/2022 (sections 379, 411, 504, 353 IPC and 4/21 MMDR Act) proceedings vide order dated 06.10.2025 in their Section 528 BNSS Application No.38225 of 2025, and co-accused Umesh Pal Singh's Application No.38003 of 2025 had been allowed vide order dated 26.09.2025 whereby the very same Gangster trial was quashed. Held (interim): learned AGA granted ten days to obtain instructions whether these applicants were also parties to the earlier Application No.38225 of 2025; meanwhile no coercive action shall be taken against the applicants pursuant to the impugned order dated 30.11.2023 and the chargesheet dated 07.11.2023; listed fresh on 21.11.2025 along with connected Application No. 43512 of 2025 (Ganesh Shukla and four others).

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 43656 of 2025

Shiv Raj Singh And 5 Others

.....Applicant(s)

Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Ajay Sengar Counsel for Opposite Party(s) : G.A.

Court No. - 78

HON'BLE VIVEK KUMAR SINGH, J.

Heard Shri Ajay Sengar, learned counsel for the applicant and learned AGA for the State.

It is submitted by the learned counsel for the applicants that the applicants were implicated in Case Crime No.94/2022, under section 379, 411, 504, 353 IPC, 4/21 of the Mines and Minerals (Development and Regulation) Act, Police Station Madhogarh, District Jalaun and they challenged the proceedings of the aforesaid case by filing Application under Section 528 BNSS No.38225 of 2025 (Shiv Raj Singh and 10 Others vs. State of U.P. and Another) and the proceedings of the aforesaid case has been quashed by this Court vide order dated 06.10.2025 and co-accused Umesh Pal Singh filed another application under Section 528 BNSS No.38003 of 2025 and the same was allowed by this Court vide order dated 26.09.2025 and the proceedings of the present Gangster Sessions Trial No.0040 of 2023(State of U.P. vs. Shivendra Singh and Others), arising out of case crime no.0142 of 2022, under Section 2/3 of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, P.S. Madhogarh, District Jalaun has been quashed. It is submitted by the learned counsel for the applicants that the proceedings against the present applicants may also be quashed.

At this stage, learned AGA for the State seeks time to obtain instructions in the matter as to whether the applicants were also party in the application filed under Section 528 BNSS No.38225 of 2025 or not.

As prayed, ten days time is granted to the learned AGA to obtain

NA528 No. 43656 of 2025

2

instructions in the matter.

Put up this case as fresh on 21.11.2025 alongwith connected Application Under Section 528 BNSS NO. 43512 of 2025 (Ganesh Shukla and four others vs. State of U.P. and Another).

In the meantime, no coercive action shall be taken against the applicants pursuant to the impugned order dated 30.11.2023 passed by the learned Special Judge (Gangster Act) Jaluan, and the impugned chargesheet dated 07.11.2023, submitted by the Investigating Officer in Gangster Session Trial No.0040 of 2023 (State of U.P. vs. Shivendra Singh and Others), arising out of Case Crime No.142 of 2022, under Section 2/3 of the Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Staiton Madhogarh, District Jalaun pending before the learned Special Judge (Gangster Act) Jalaun.

(Vivek Kumar Singh,J.)

November 10, 2025

A.P. Pandey

Digitally signed by :- ANAND PRAKASH PANDEY High Court of Judicature at Allahabad