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Sunil Kumar v. State of U.P. and Another

Allahabad HC16 Jan 2026NA528/1282/2026

Case brief

AI extract

What is this about?

Section 528 BNSS quashing application; Gangsters Act Section 2/3; acquittal in sole base case (Case Crime No. 666/2021, Ss. 420/120B IPC, Ss. 60/63 Excise Act); Farhana vs. State of Uttar Pradesh and others [2024 0 INSC 118]; parity with co-accused Ramveer (Application U/S 528 BNSS No.29080 of 2025); interim stay of Gangsters Act proceedings; Special Case No. 84 of 2024; Case Crime No. 396 of 2022; P.S. Madhuvan Bapudham, Ghaziabad; Allahabad High Court; Vivek Kumar Singh, J.; next date 13.02.2026.

What did the court decide?

Interim order: two weeks' time granted to learned A.G.A. to obtain instructions; case to be listed fresh on 13.02.2026; further proceedings of Special Case No. 84 of 2024 to remain stayed against the applicant only till the next date of listing. Application not finally decided. ¶16

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

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the charge sheet dated 30.11.2023, cognizance order dated 11.01.2024 and entire proceedings of Special Case No. 84 of 2024 under the Gangsters Act are liable to be quashed on the ground that the applicant has been acquitted in the sole base case (Case Crime No. 666/2021).

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Ratio / Principle

Until the next date of listing (13.02.2026), further proceedings of Special Case No. 84 of 2024 shall remain stayed against the applicant only.

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Detailed headnote1 paragraphs

INTERIM ORDER (Allahabad High Court, Vivek Kumar Singh, J., 16.01.2026) in Application U/S 528 BNSS No. 1282 of 2026, Sunil Kumar v. State of U.P. and Another. Applicant sought quashing of the charge sheet dated 30.11.2023, cognizance order dated 11.01.2024 and entire proceedings of Special Case No. 84 of 2024 (State Vs. Sunil Kumar and others), arising out of Case Crime No. 396 of 2022 under Section 2/3 U.P. Gangsters and Anti-Social Activities (Prevention) Act, P.S. Madhuvan Bapudham, District Ghaziabad, pending before the Special Judge, Gangster Act/ADJ, Court No. 12, Ghaziabad. Counsel submitted that the applicant was implicated under the Gangsters Act on the basis of a single case and has been acquitted therein (Case Crime No. 666/2021, Sections 420, 120B IPC and Sections 60/63 Excise Act) vide judgment dated 08.04.2025 in Case No.5332/2023, relying on Farhana vs. State of Uttar Pradesh and others [2024 0 INSC 118] and on the quashing of proceedings against identically situated co-accused Ramveer (order dated 08.08.2025 in Application U/S 528 BNSS No.29080 of 2025). Court granted the A.G.A. two weeks to obtain instructions, listed the matter fresh for 13.02.2026, and stayed further proceedings of the case against the applicant only till the next date. No final adjudication on merits.

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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APPLICATION U/S 528 BNSS No. - 1282 of 2026

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Sunil Kumar

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.....Applicant(s)

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Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Keshari Nath Tripathi, Nidhi Pawan Singh Counsel for Opposite Party(s) : G.A.

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Court No. - 81

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HON'BLE VIVEK KUMAR SINGH, J.

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Heard learned counsel for the applicant and learned A.G.A. appearing for the State-opposite party no.1.

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Present application under Section 528 BNSS has been preferred for quashing the charge sheet dated 30.11.2023 and cognizance order dated 11.01.2024 as well as entire proceedings of Special Case No. 84 of 2024 (State Vs. Sunil Kumar and others), arising out of Case Crime No. 396 of 2022, under Section 2/3 U.P. Gangsters and Anti-Social Activities (Prevention) Act, Police Station- Madhuvan Bapudham, DistrictGhaziabad, pending in the Court of Special Judge, Gangster Act/Additional District and Sessions Judge, Court No. 12, Ghaziabad.

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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. It is further submitted that the applicant has already been acquitted in that very case, being Case Crime No. 666/2021, under Sections 420, 120B IPC and Sections 60/63 of Excise Act, Police Station Madhuvan Babudham, District Ghaziabad, by the trial court vide judgment and order dated 08.04.2025 in Case No.5332/2023, a copy of which has been appended as Annexure-5 to this application. It is further submitted that since the applicant has been acquitted in the base case, therefore, proceedings under Gangsters Act cannot go and liable to be quashed by this Court in view of judgment of Hon'ble Apex Court in Farhana vs. State of Uttar Pradesh and others [2024 0 INSC 118]. It is further submitted that the proceedings against an

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NA528 No. 1282 of 2026

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identically situated co-accused Ramveer have been quashed by this Court vide order dated 08.08.2025 in Application U/S 528 BNSS No.29080 of 2025.

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