Rohit Singh vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

Rohit Singh vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Interim order: notice to opposite party no. 2 returnable at an early date; counter affidavit within two weeks and rejoinder affidavit within one week thereafter; list after eight weeks; and until further orders, further proceedings of Special Case No. 1307 of 2025 shall remain stayed against the applicant. The quashing application itself remains pending and undecided.

Issue for consideration

Whether the entire proceedings of Special Case No. 1307 of 2025 (arising out of Case Crime No. 24 of 2025 under Section 2/3 of the U.P. Gangsters and Anti Social Activities (Prevention) Act, Police Station Asothar, District Fatehpur) and the cognizance/summoning order dated 12.11.2025 passed by the Special Judge (Gangster Act)/Additional Sessions Judge, Court No. 3, Fatehpur, should be quashed. +1 more

Court's answer

Prima facie, the matter requires consideration; notice was directed to be issued to opposite party no. 2 returnable at an early date, with counter affidavit within two weeks, rejoinder affidavit within one week thereafter, and the matter to be listed after eight weeks.

Ratio / Principle

As an interim measure, until further orders of the Court, further proceedings of Special Case No. 1307 of 2025 shall remain stayed against the applicant.

Detailed headnote1 paragraphs

Allahabad High Court (Sanjay Kumar Pachori, J.), interim order dated April 15, 2026 in Application U/S 528 BNSS No. 15095 of 2026 (NA528 No. 15095 of 2026), Rohit Singh v. State of U.P. and Another. The applicant moved under Section 528 of the Bharatiya Nagarik Suraksha Sanhita to quash the entire proceedings of Special Case No. 1307 of 2025, arising out of Case Crime No. 24 of 2025 under Section 2/3 of the U.P. Gangsters and Anti Social Activities (Prevention) Act, Police Station Asothar, District Fatehpur, together with the cognizance/summoning order dated 12.11.2025 of the Special Judge (Gangster Act)/Additional Sessions Judge, Court No. 3, Fatehpur. Counsel for the applicant argued that the FIR dated 19.02.2025 was false and lodged with ulterior motive; that the Gangsters Act was imposed on the basis of a solitary case (Case Crime No. 11 of 2024, Section 394 IPC) in which the applicant's name surfaced only through a confessional statement which the police had no power to record; and that the charge sheet violated Rule 26 of the U.P. Gangsters Rules, 2021. Finding prima facie that the matter required consideration, the Court issued notice to opposite party no. 2, permitted a counter affidavit within two weeks and rejoinder within one week thereafter, listed the matter after eight weeks, and stayed further proceedings of the case against the applicant until further orders. No precedent was cited and no contention was finally adjudicated.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 15095 of 2026

Rohit Singh

.....Applicant(s)

	Versus
State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s) Counsel for Opposite Party(s)	: Ashish Tiwari, Pankaj Kumar Mishra : G.A.

Court No. - 76

HON'BLE SANJAY KUMAR PACHORI, J.

Heard Shri Pankaj Kumar Mishra, learned counsel for the applicant and Sri Chavi Pal Singh, learned A.G.A. for the State.

The present application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita has been filed to quash the entire proceedings of Special Case No. 1307 of 2025, arising out of Case Crime No. 24 of 2025, under Section 2/3 of U.P. Gangsters and Anti Social Activities (Prevention) Act, Police Station- Asothar, District- Fatehpur, as well as cognizance/ summoning order dated 12.11.2025 pending in the Court of Special Judge (Gangster Act)/ Additional Sessions Judge, Court No. 3, Fatehpur.

Learned counsel for the applicant submit that the first information report dated 19.02.2025 has been lodged on the basis of false and frivolous allegations with ulterior motive and only to harass the present applicant. It is further submitted that Gangsters Act has been imposed on the basis of Solitary Case being Case Crime No. 11 of 2024, under Section 394 of I.P.C. in which the name of the applicant is surfaced on the basis of confessional statement which is irrelevant before police. The police authority has no power to record the confessional statement. The charge sheet has been submitted against the provisions of Rule 26 of U.P. Gangsters and Anti Social Activities (Prevention) Rules, 2021.

Prima facie, matter requires consideration.

Notice on behalf of opposite party no. 1 has been accepted by learned A.G.A.

NA528 No. 15095 of 2026

2

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

Learned A.G.A. as well as learned counsel for the opposite party no. 2 may file counter affidavit within two 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 applicant.

April 15, 2026 Ishan

(Sanjay Kumar Pachori,J.)

Digitally signed by :- ISHAN JAISWAL High Court of Judicature at Allahabad