Soni Alias Sanjeev and Another vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

Soni Alias Sanjeev and Another vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Interim stay: further proceedings in pursuance of charge sheet dated 07.05.2018, summoning/cognizance order dated 04.06.2018 and the entire proceedings of Special Case No. 50 of 2018 stayed against the applicants till the next date of listing (16.02.2026); two weeks' time granted to the A.G.A. for instructions; application to be heard as a fresh case on 16.02.2026.

Issue for consideration

Whether the proceedings against the applicants pursuant to charge sheet dated 07.05.2018 and summoning/cognizance order dated 04.06.2018 in Special Case No. 50 of 2018 (arising out of Case Crime No. 16 of 2018, under Section 2/3 of the U.P. Gangsters and Anti Social Activities (Prevention) Act) deserve to be quashed on the ground of parity with co-accused Pankaj Taneja @ Totla, in view of the acquittal in the solitary case underlying the gang chart, and per Farhana vs. State of Uttar Pradesh.

Court's answer

Interim direction: till the next date of listing, further proceedings in pursuance of the charge sheet dated 07.05.2018, the summoning/cognizance order dated 04.06.2018 and the entire proceedings of Special Case No. 50 of 2018 shall remain stayed against the applicants.

Key takeaways

Two weeks' time granted to the learned A.G.A. to enable him to obtain instructions in the matter.¶14
Case to be put up as a fresh case on 16.02.2026.¶15

Detailed headnote1 paragraphs

Interim order — Allahabad High Court (Vivek Kumar Singh, J.), Application U/S 528 BNSS No. 1397 of 2026, Soni Alias Sanjeev & Anr. v. State of U.P. & Anr. (19.01.2026): Applicants facing proceedings under Section 2/3 of the U.P. Gangsters and Anti Social Activities (Prevention) Act (Special Case No. 50 of 2018, arising out of Case Crime No. 16 of 2018, P.S. Kotwali Nagar, District-Saharanpur) sought quashing on parity with co-accused Pankaj Taneja @ Totla, whose proceedings were quashed by a Coordinate Bench on 06.01.2026 in Application under Section 482 No. 23676 of 2018, and because the gang chart was based on a solitary case in which the applicant was acquitted on 18.09.2025 (Case No. 941 of 2024); reliance placed on Farhana vs. State of Uttar Pradesh, 2024 INSC 118. Two weeks granted to the A.G.A. for instructions; further proceedings pursuant to charge sheet dated 07.05.2018 and cognizance order dated 04.06.2018 stayed against the applicants till the next date; listed fresh on 16.02.2026.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 1397 of 2026

Soni Alias Sanjeev And Another

.....Applicant(s)

Versus

State of U.P. and Another

.....Opposite Party(s)

Counsel for Applicant(s) : Avinash Pandey Counsel for Opposite Party(s) : G.A.

Court No. - 81

HON'BLE VIVEK KUMAR SINGH, J.

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

It is submitted by learned counsel for the applicants that proceedings against identically situated co-accused Pankaj Taneja @ Totla has been quashed by the Coordinate Bench of this Court vide order dated 06.01.2026 in application under Section 482 No. 23676 of 2018. The gang chart was prepared against the applicants on the basis of pendency of a solitary case and the applicant has been acquitted in that case by judgment and order dated 18.09.2025 in Case No. 941 of 2024. A copy of which has been appended as Annexure No. 7 to this application.

He further submits that proceedings against the applicants may also be quashed on the ground of parity as well as in view of judgment passed by Hon'ble Apex Court in Farhana vs. State of Uttar Pradesh and others [2024 0 INSC 118].

At this stage, learned A.G.A. prays for and is granted two weeks time to enable him to obtain instructions in the matter.

Put up this case as fresh case on 16.02.2026.

Till the next date of listing, further proceedings in pursuance of charge sheet dated 07.05.2018, summoning/cognizance order dated 04.06.2018 as well as entire proceedings of Special Case No. 50 of 2018 (State versus Ravi Putela & Others) arising out of Case Crime No. 16 of 2018 under Section 2/3 of U.P. Gangsters and Anti Social Activities (Prevention) Act, Police Station-Kotwali Nagar, District-Saharanpur shall remain stayed against the applicants.

January 19, 2026 SY

(Vivek Kumar Singh,J.)

Digitally signed by :- SWETA YADAV High Court of Judicature at Allahabad