Ajay Yadav and Another vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2026)

Ajay Yadav and Another vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Interim relief only: further proceedings of Special Case No. 823 of 2022 stayed against the applicants until further orders; notice issued to opposite party no. 2; learned A.G.A. and opposite party no. 2 to file counter affidavits within three weeks, rejoinder affidavit within one week thereafter; matter listed after eight weeks. The quashing application itself remains pending and undecided on merits.

Issue for consideration

Whether the entire proceedings of Special Case No. 823 of 2022, arising out of case crime No. 958 of 2018 under Section 2/3 of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Jagdishpura, District Agra, and the cognizance/summoning order dated 31.5.2022 passed by the Special Judge (Gangsters Act), Agra, should be quashed under Section 482 Cr.P.C.

Court's answer

The Court found that prima facie the matter requires consideration and issued notice to opposite party no. 2 returnable at an early date, directing counter affidavits within three weeks and rejoinder affidavit within one week thereafter, with the matter listed after eight weeks.

Ratio / Principle

As an interim measure, further proceedings of Special Case No. 823 of 2022 shall remain stayed against the applicants until further orders of this Court.

Detailed headnote1 paragraphs

Allahabad High Court (Sanjay Kumar Pachori, J.) — Application U/S 482 No. 9971 of 2024, Ajay Yadav & Anr. v. State of U.P. & Anr. (order dated April 9, 2026): Application under Section 482 Cr.P.C. to quash the entire proceedings of Special Case No. 823 of 2022 (arising out of case crime No. 958 of 2018, under Section 2/3 of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Jagdishpura, District Agra) and the cognizance/summoning order dated 31.5.2022 of the Special Judge (Gangsters Act), Agra. The application had been restored by the Supreme Court vide order dated 9.9.2024 in Criminal Appeal Nos. 3672 and 3673 of 2024. Applicants contended the FIR dated 10.9.2018 was lodged on false allegations; that the Gangsters Act was imposed on the basis of a solitary case (case crime No. 30 of 2018 under Sections 420, 467, 468, 471, 120-B, 323, 504, 506, 427 IPC) whose proceedings were quashed by a Coordinate Bench in Application U/S 482 No. 2166 of 2015 on 30.1.2015; and that the gang chart was prepared contrary to Rule 26 of the U.P. Gangsters and Anti-Social Activities (Prevention) Rules 2021. Holding that prima facie the matter required consideration, the Court issued notice to opposite party no. 2, sought counter affidavits within three weeks and rejoinder within one week, listed the matter after eight weeks, and stayed further proceedings against the applicants until further orders. Interlocutory order; no merits determination.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 482 No. - 9971 of 2024

Ajay Yadav And Another

.....Applicant(s)

Versus

State Of U.P. And Another

	.....Opposite Party(s)
Counsel for Applicant(s)	: Smita Singh Deo, Sohan Lal Yadav
Counsel for Opposite Party(s)	: G.A.

Court No. - 76

HON'BLE SANJAY KUMAR PACHORI, J.

Heard Shri Sohan Lal Yadav, learned counsel for the applicants and Shri Kamleshwar Singh, learned A.G.A. for the State.

The present application under Section 482, Cr.P.C. has been filed by the applicants to quash the entire proceedings of Special Case No. 823 of 2022, arising out of case crime No. 958 of 2018, under Section 2/3 of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police StationJagdishpura, District Agra as well as cognizance/summoning order dated 31.5.2022, pending in the court of Special Judge (Gangsters Act), Agra.

Learned counsel for the applicants submits that present application under Section 482, Cr.P.C. has been restored by the Supreme Court vide order dated 9.9.2024 in Criminal Appeal Nos. 3672 of 2024 and 3673 of 2024.

Learned counsel for the applicants further submits that first information report dated 10.9.2018 has been lodged on the basis of false and frivolous allegations with ulterior motive and only to harass the present applicants. It is further submitted that Gangsters Act has been imposed against the applicant on the basis of solitary case as case crime No. 30 of 2018, under Sections 420, 467, 468, 471, 120-B, 323, 504, 506, 427, I.P.C. It is further submitted that proceedings of the aforesaid case has been quashed by a Coordinate Bench of this Court in Application U/S 482 No. 2166 of 2015 on 30.1.2015. Gang chart has been prepared against the Rule 26 of the U.P. Gangsters and Anti-Social Activities (Prevention) Rules 2021.

Prima facie, matter requires consideration.

Learned A.G.A. has accepted notice on behalf of opposite party No. 1.

A482 No. 9971 of 2024

2

Issue notice to opposite party no.2 returnable at an early date.

Learned A.G.A. as well as opposite party no. 2 may file their counter affidavits within three weeks. Rejoinder affidavit may be filed within one week thereafter.

List after eight weeks.

Until further orders of this Court, further proceedings of the aforesaid case shall remain stayed against the applicants.

April 9, 2026 T. Sinha

(Sanjay Kumar Pachori,J.)

Digitally signed by :- TRIPTI SINHA High Court of Judicature at Allahabad