Disposed¶12

Sushil Kumar Gupta v. State of U.P. and Another

Allahabad HC5 Jan 2026NA528/49857/2025

Case brief

AI extract

What is this about?

Section 528 BNSS quashing application; U.P. Gangster Act Sections 2/3; Case Crime No. 473 of 2021; Session Case No. 1769 of 2021; chargesheet dated 27.11.2021; cognizance/summoning order dated 10.12.2021; Additional District and Sessions Judge Court No. 5 Shahjahanpur; acquittal dated 18.01.2024 in S.T. No. 1561 of 2021; single case in gang chart; Farhana vs. State of Uttar Pradesh and others [2024 0 INSC 118]; interim no-coercive-action direction; listed fresh 28.01.2026; High Court of Judicature at Allahabad; Vivek Kumar Singh, J.; applicant Sushil Kumar Gupta.

What did the court decide?

Interim protection only: no coercive action against the applicant till 28.01.2026; A.G.A. granted two weeks to obtain instructions and the application was put up as fresh on 28.01.2026, the quashing prayer remaining undecided. ¶12

Sushil Kumar Gupta vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

¶12

Issue for consideration

Whether the entire proceedings of Session Case No. 1769 of 2021 under Sections 2/3 of the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, together with the chargesheet dated 27.11.2021 and cognizance/summoning order dated 10.12.2021, ought to be quashed, given that the sole case shown against the applicant in the gang chart ended in acquittal on 18.01.2024 and reliance is placed on Farhana vs. State of Uttar Pradesh and others [2024 0 INSC 118].

¶7

Court's answer

Interim direction that no coercive action shall be taken against the applicant in the aforesaid case until the next date of hearing; the quashing prayer itself was not decided, the A.G.A. being granted two weeks to obtain instructions and the matter being listed as fresh on 28.01.2026.

¶12

Detailed headnote1 paragraphs

Allahabad High Court (Vivek Kumar Singh, J.) - Application under Section 528 B.N.S.S. seeking quashing of the entire proceedings of Session Case No. 1769 of 2021, arising out of Case Crime No. 473 of 2021 under Sections 2/3 of the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, P.S. Kotwali Shahjahanpur, District Shahjahanpur, along with the chargesheet dated 27.11.2021 and cognizance/summoning order dated 10.12.2021 pending before the Additional District and Sessions Judge, Court No. 5, Shahjahanpur. Counsel for the applicant submitted that only a single case was shown in the gang chart, that the applicant stands acquitted therein by judgment and order dated 18.01.2024 in S.T. No. 1561 of 2021, and that the case is covered by Farhana vs. State of Uttar Pradesh and others [2024 0 INSC 118]. The court granted the A.G.A. two weeks to obtain instructions, listed the matter as fresh on 28.01.2026, and directed that till then no coercive action shall be taken against the applicant.

Sushil Kumar Gupta v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Sushil Kumar Gupta v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Smt Riya Katiyar and Another vs State of U.P. and 3 Others

Smt Preeti and Another vs State of U.P. and 3 Others

Smt. Riya Singh and Another vs State of U.P. and 3 Others

Smt. Ratanben Bhalabhai and Another vs State of U.P. and 3 Others

Hanoj Yadav vs State of U.P. and Another

Prabhat Singh vs State of U.P. and Another