Vinod Kumar v. State of U.P. and 3 Others

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 47341 of 2025

Vinod Kumar

Versus	.....Applicant(s)
State Of U.P. And 3 Others	.....Opposite Party(s)
Counsel for Applicant(s)	: Jaideep Pandey
Counsel for Opposite Party(s)	: G.A.

Court No. - 78

HON'BLE VIVEK KUMAR SINGH, J.

1. Heard learned counsel for applicant and learned A.G.A. for State.

1. This application has been preferred for quashing the chargesheet dated 13.01.2016 and cognizance/ summoning order dated 18.07.2016 as well as entire criminal proceeding of Special Session Trial No.374 of 2016 (State of U.P. Versus Guddu and others), arising out of Case Crime No.380 of 2015, under Sections 3(1) of Gangster Act, Police Station- Asmoli, DistrictSambhal, pending in the court of Special Judge Gangster Act/ Additional District Judge, Court No.5, Moradabad.

1. It is submitted by learned counsel for the applicant that the applicant has been implicated under the Gangsters Act solely on the basis of a single case. The applicant has already been acquitted in that case by the learned trial court vide judgment and order dated 25.05.2017 in S.T. No.156 of 2016. It is further submitted that in view of judgment of Hon'ble Supreme Court in Farhana vs. State of Uttar Pradesh and others, SLP (Crl.) No.437 of 2023, the proceedings of the present case may also be quashed against the applicant.