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Wajid Ali and Another v. State of U.P.

Allahabad HC4 Feb 2026NA528/2965/2026

Case brief

AI extract

What is this about?

Interim order under Section 528 BNSS seeking quashing of U.P. Gangster Act proceedings (S.S.T. No. 434 of 2024; Case Crime No. 09 of 2023; Sections 3(1) U.P. Gangster and Anti Social Activities (Prevention) Act; P.S. Mundha Pande, Moradabad) on the ground of acquittal in the base case shown in the gang-chart, citing Farhana vs. State of Uttar Pradesh and others [2024 0 INSC 118] on abuse of process; further proceedings stayed against applicants only till 27.02.2026; A.G.A. granted two weeks for instructions.

What did the court decide?

Interim stay: further proceedings of S.S.T. No. 434 of 2024 to remain stayed against the applicants only till the next date of listing; two weeks' time granted to learned A.G.A. to obtain instructions; case to be put up fresh on 27.02.2026. No final decision on quashing. ¶14

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

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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APPLICATION U/S 528 BNSS No. - 2965 of 2026

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Wajid Ali And Another

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Versus	.....Applicant(s)
State of U.P.	.....Opposite Party(s)
Counsel for Applicant(s)	: Syed Faiz Hasnain
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 applicants and learned A.G.A. for the State respondents.

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Present application under Section 528 B.N.S.S. has been preferred for quashing the entire proceeding of S.S.T. No. 434 of 2024, arising out of Case Crime No. 09 of 2023, under Sections 3(1) of the U.P. Gangster and Anti Social Activities (Prevention) Act, Police Station Mundha Pande, District Moradabad, pending in the Court of Special Judge, (Gangster Act), Moradabad.

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Learned counsel for the applicants submitted that the applicants have been acquitted in the base case, shown in the gang-chart and copy of the judgment of acquittal has been appended as Anneuxre-3 to this application. He further submitted that proceedings under the Gangster Act is now the abuse of process of court and is liable to be quashed in view of the judgement rendered by Hon'ble Apex Court in case of Farhana vs. State of Uttar Pradesh and others [2024 0 INSC 118] .

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