Disposed

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

Allahabad HC19 Feb 2025NA528/5332/2025

Case brief

AI extract

What is this about?

Application to quash N.B.W. orders in a gangster case. Court stayed coercive action for 15 days if applicants move setting aside application to trial court, directing expedite hearing and disallowing repetitive personal exemption applications.

What did the court decide?

Coercive action stayed for 15 days or until application to set aside N.B.W. orders is filed in trial court.

Sucha Singh and Another Vs State of U.P. and… — Writ and Judicial Review | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:25104

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Court No. - 76

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Case :- APPLICATION U/S 528 BNSS No. - 5332 of 2025

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Applicant :- Sucha Singh And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rakesh Kumar Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Vinod Diwakar,J.

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Heard learned counsel for the applicants and learned A.G.A. for the State.

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The present application has been filed for quashing the N.B.W. orders dated 28.10.2021 and 05.09.2022 passed by learned Special Judge (Gangster Act)/ Additional District Judge, Ghaziabad in C.C. No.44 of 2002, titled State v. Suchcha Singh and others, arising out of Case Crime No.383 of 2001, under Section 2/3 of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Indirapuram, District Ghaziabad, pending in the court of learned Special Judge (Gangster Act)/ Additional District Judge, Ghaziabad.

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Learned counsel for applicant submits that impugned order is against the facts and law. The applicants had no knowledge about the proceedings initiated against them due to which they could not appear on the date fixed by the trial Court, hence, non-bailable warrant was issued against the applicants.

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Per contra learned A.G.A has opposed.

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Considering the facts and circumstances of the matter, it is directed that in case the applicants appear and move appropriate

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application before the trial Court for setting aside the impugned orders, the same shall be decided expeditiously in accordance with law. For a period of 15 days or till the applicants move an application before the trial Court, whichever is earlier, no coercive action shall be taken against the applicants. Further, the Court shall not entertain the fictitious and repetitive personal exemption application, and if filed, the same shall be dismissed with reasonable costs.

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6. The application is disposed of accordingly.

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Order Date :- 20.2.2025 Jitendra

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Justice Vinod Diwakar

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

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

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

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