Mohd. Nadeem vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko. Thru. S.H.O. Lko. and Another — Allahabad HC (2026) — LawSathi Research

Mohd. Nadeem vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko. Thru. S.H.O. Lko. and Another — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Interim order at notice stage: learned A.G.A. directed to file counter affidavit within four weeks; rejoinder affidavit within two weeks thereafter; list after six weeks; till the next date of listing, further proceedings of Criminal Case No.175-177 of 2008 (State vs Amit Kumar Verma) arising out of Case Crime No.888 of 2007, Police Station Safdarganj, District Barabanki as against the applicant shall remain stayed.

Issue for consideration

Whether the entire proceedings of Criminal Case No.175-177 of 2008 (State vs Amit Kumar Verma), arising out of Case Crime No.888 of 2007, in which the applicant is charge-sheeted under Sections 395, 397, 412 IPC read with Section 3(i) of the U.P. Gangsters Act, are liable to be quashed.

Court's answer

On the contentions raised (applicant not named in the FIR, implication only through a co-accused's statement, and the alleged bar to prosecution under the U.P. Gangsters Act), prima facie the matter requires consideration; accordingly notice was issued and further proceedings against the applicant were stayed till the next date of listing.

Detailed headnote1 paragraphs

Interim order (notice stage): Mohd. Nadeem filed an application under Section 482 seeking quashing of the entire proceedings of Criminal Case No.175-177 of 2008 (State vs Amit Kumar Verma), arising out of Case Crime No.888 of 2007, Police Station Safdarganj, District Barabanki, in which a charge-sheet was filed against him on 14.01.2008 under Sections 395, 397, 412 IPC read with Section 3(i) of the U.P. Gangsters and Anti-Social Activities (Prevention) Act. Contentions: the applicant was not named in the FIR and was implicated only through a co-accused's statement that part of the looted amount was handed over to him; despite the charge-sheet of 14.01.2008 the proceedings continue; counsel relied on Angad Rai alias Jhullan Rai vs State of U.P. (2023:AHC:213038) and Vinod Bihari Lal vs State of Uttar Pradesh and another (2025 SCC OnLine SC 1216) to argue prosecution under the U.P. Gangsters Act was not possible. Holding: prima facie the matter requires consideration. Directions: A.G.A. to file counter affidavit within four weeks, rejoinder within two weeks thereafter, list after six weeks; further proceedings against the applicant stayed till the next date of listing. Coram: Pankaj Bhatia, J. Dated March 17, 2026.

HIGH COURT OF JUDICATURE AT ALLAHABAD

LUCKNOW

APPLICATION U/S 482 No. - 1689 of 2026

Mohd. Nadeem

.....Applicant(s)

Versus

State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Thru. S.H.O. Lko. And Another .....Opposite Party(s)

Counsel for Applicant(s) : Eshan Garg, Prachi Arya Counsel for Opposite Party(s) : G.A.

Court No. - 12

HON'BLE PANKAJ BHATIA, J.

1 . Heard learned Counsel for the applicants and learned A.G.A.

2 . The present application has been filed seeking quashing of the entire proceedings of Criminal Case No.175-177 of 2008 (State vs Amit Kumar Verma) in which a charge-sheet has been filed against the applicant under Sections 395, 397, 412 IPC read with Section 3(i) of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, Police Station Safdarganj, District Barabanki.

The neat contention of the Counsel for the applicant is that the applicant was not named in the FIR. Subsequently, in the statement of one of the co-accused, it was stated that part of the amount looted was handed over to the applicant. A charge-sheet came to be filed against the applicant. It is stated that despite the charge-sheet being filed on 14.01.2008, the proceedings are still continuing. It is further argued that even assuming the allegations to be correct for the sake of argument, the applicant could not prosecute under the provisions of U.P. Gangsters Act. Reliance is placed on the judgment of this Court in the case of Angad Rai alias Jhullan Rai vs State of U.P.: 2023:AHC:213038 as well as on the judgment of the Hon'ble Supreme Court in the case of Vinod Bihari Lal vs State of Uttar Pradesh and another:2025 SCC OnLine SC 1216 .

4 . In view thereof, prima facie , the matter requires consideration.

A482 No. 1689 of 2026

2

5 . Learned A.G.A. is directed to file counter affidavit within four weeks.

6 . Rejoinder affidavit may be filed within two weeks thereafter.

7 . List after six weeks.

8 . Till the next date of listing, the further proceedings of Criminal Case No.175-177 of 2008 (State vs Amit Kumar Verma) arising out of Case Crime No.888 of 2007, Police Station Safdarganj, District Barabanki as against the applicant shall remain stayed.

(Pankaj Bhatia,J.)

March 17, 2026

akverma

Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench