Haseeb and Another vs the State of U.P. Thru. Its Prin. Secy. Deptt. of Home U.P. Lko. and Another — Allahabad HC (2026) — LawSathi Research

Haseeb and Another vs the State of U.P. Thru. Its Prin. Secy. Deptt. of Home U.P. Lko. and Another — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Interim protection extended to the present applicants on the same terms as the order dated 07-01-2025 granted to co-accused Hakim Ali @ Hakim (proceedings stayed qua them); opposite parties to file counter affidavit within three weeks, rejoinder within one week thereafter, and the matter to be listed after expiry of that period. Final adjudication of the quashing application deferred; no decision on merits.

Issue for consideration

Whether the interim protection (stay of proceedings) granted to co-accused Hakim Ali @ Hakim vide order dated 07-01-2025 should also be extended to the present applicants, who are co-accused in Case Crime No. 465 of 2020. +1 more

Court's answer

This Court extended to the present applicants the interim order dated 07-01-2025 earlier granted in favour of the co-accused Hakim Ali @ Hakim — i.e., the proceedings in issue remain stayed qua the present applicants on the same terms.

Ratio / Principle

The opposite parties are directed to file the Counter Affidavit within three weeks.

Key takeaways

Rejoinder Affidavit, if any, may be filed within one week thereafter.ratio¶25
The matter is to be listed after expiry of the aforesaid period.ratio¶26

Detailed headnote1 paragraphs

ALLAHABAD HIGH COURT (LUCKNOW BENCH), COURT NO. 16 — Shree Prakash Singh, J. — Decided 22 May 2026 — Appln. U/S 482 No. 4358 of 2026 (Haseeb & Anr. v. State of U.P. & Anr.). Applicants, co-accused in Case Crime No. 465 of 2020 under Ss. 2/3, Uttar Pradesh Gangster & Anti-Social Activities (Prevention) Act, 1986 (PS Antu, District Pratapgarh), seek quashing of the charge sheet dated 04.04.2021 and the cognizance/summoning order dated 20.07.2021 in Gangster Case No. 643/2021 (State of U.P. Versus Sher Ali & Others). Relying on the coordinate Bench order dated 07-01-2025 in Appln. U/S 482 No. 26 of 2025 — which granted interim protection to co-accused Hakim Ali @ Hakim on the strength of the Division Bench ruling in Criminal Misc. Writ Petition No. 16258 of 2023 (Sanny Mishra @ Sanjayan Kumar Mishra Vs. State of U.P and 2 Others), where proceedings were quashed for non-compliance with the Gangster Act provisions and Gangster Rules, 2021 — this Court held that the said interim order shall also be available to the present applicants. Counter affidavit within three weeks; rejoinder within one week thereafter; matter to be listed after expiry of that period. Substantive merits left open.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

APPLICATION U/S 482 No. - 4358 of 2026

Haseeb And Another

.....Applicant(s)

Versus

The State Of U.P. Thru. Its Prin. Secy. Deptt. Of Home U.P. Lko. And Another

.....Opposite Party(s)

Counsel for Applicant(s) : Firoz Ahmad Khan, Mohd. Vakar Khan Counsel for Opposite Party(s) : G.A.

Court No. - 16

HON'BLE SHREE PRAKASH SINGH, J.

The present applicants are the co-accused in Case Crime No. 465 of 2020.

Another co-accused, namely, Hakim Ali @ Hakim has moved an application under section 482 Cr.P.C. bearing no. 26 of 2025, wherein the order dated 07-01-2025 has been passed by the coordinate Bench of this court, which is extracted as under :-

"Heard.

The present application has been filed for the following main relief(s):

"(i). to quash the impugned charge sheet dated 04.04.2021 arising out of Case Crime No. 465/2020, under section 2/3 of the Uttar Pradesh Gangster & Anti-Social Activities (Prevention) Act, 1986 pertaining to Police Station Antu, District Pratapgarh as well as the impugned cognizance/summoning order dated 20.07.2021 passed by the learned Special Judge Gangster Act/Additional Sessions Judge, Court No-5 Pratapgarh in Gangster Case No. 643/2021 (State of U.P. Versus Sher Ali & Others) including entire proceedings thereof so far as it relates to the applicant, as contained in Annexure No.1&2 to this application."

For the purposes of interim protection and entertaining the present application based upon the judgment passed by the Division Bench of this Court in Criminal Misc. Writ Petition No. 16258 of 2023 (Sanny Mishra @

A482 No. 4358 of 2026

2

Sanjayan Kumar Mishra Vs. State of U.P and 2 Others), counsel for the applicant says that the present case is fully covered by the judgment of the Division Bench of this Court for the reason that after taking note of the noncompliance of the relevant provisions of Gangster Act as also the rules made thereunder namely Gangster Rules, 2021, the Division Bench of this Court quashed the proceedings and in the instant case also, there is no compliance of the mandatory provisions of law, accordingly, interference in the matter is required.

Upon due consideration of the aforesaid, this Court finds that the applicant is entitled to interim protection.

Accordingly, the proceedings, in issue, qua the applicant shall remain stayed till the next date of listing.

List alongwith APPLICATION U/S 482 No. - 8019 of 2024 on 20.01.2025 as fresh.

In the meantime, learned A.G.A. for the State may file response to the present application. "

Let Counter Affidavit be filed by the opposite parties within three weeks.

Rejoinder Affidavit, if any, may be filed within one week thereafter.

List this matter after expiry of the aforesaid period.

The interim order granted vide order dated 07-01-2025 in favour of the coaccused, Hakim Ali @ Hakim, shall also be available to the present applicants.

(Shree Prakash Singh,J.)

May 22, 2026

V. Sinha

Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench