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

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

What the court decided

AI extract

Outcome

Interim relief only: further proceedings of S.S.T. No.154 of 2024 stayed against the applicant alone till the next date of listing; case to be listed afresh on 28th January, 2026. The prayer for quashing the charge-sheet and cognizance order was not decided.

Issue for consideration

Whether the charge-sheet dated 02.08.2024 in S.S.T. No.154 of 2024 (State Vs. Heera Lal and others) and the cognizance order dated 11.12.2024, arising out of Case Crime No.284 of 2023 under Section 3(1) of the U.P. Gangster Act, should be quashed. +2 more

Court's answer

As an interim measure, further proceedings of the aforesaid case (S.S.T. No.154 of 2024) shall remain stayed against the applicant only until the next date of listing.

Ratio / Principle

The application is to be put up as fresh on 28th January, 2026, the learned A.G.A. having sought two weeks' time to obtain instructions.

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Hon'ble Vivek Kumar Singh, J.) — Application U/S 528 BNSS No. 49930 of 2025, Hanoj Yadav v. State of U.P. and Another (order dated January 5, 2026). The applicant sought quashing of the charge-sheet dated 02.08.2024 in S.S.T. No.154 of 2024 (State Vs. Heera Lal and others), arising out of Case Crime No.284 of 2023 under Section 3(1) U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, Police Station Kaptanganj, District Azamgarh, pending before the Additional District and Sessions Judge/Special Judge (Gangster Act), Court No.6, Azamgarh, along with the cognizance order dated 11.12.2024. Grounds urged by counsel: (i) no joint meeting had taken place as required by Rule 5(3)(a) of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Rules, 2021; and (ii) parity with co-accused Kamla, whose proceedings were quashed by a co-ordinate Bench vide order dated 15.05.2025 in Application under Section 528 BNSS No. 10629 of 2025. The learned A.G.A. sought two weeks' time to obtain instructions. The Court directed that the matter be put up as fresh on 28th January, 2026 and, till then, stayed further proceedings of the case against the applicant only. Interim order; the quashing prayer remains undecided and no merits determination was made.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 49930 of 2025

Hanoj Yadav

	Versus		.....Applicant(s)
State of U.P. and Another			.....Opposite Party(s)
Counsel for Applicant(s)	: Pradeep Srivastava	Chauhan,	Shiva Kant
Counsel for Opposite Party(s)	: G.A.

Court No. - 81

HON'BLE VIVEK KUMAR SINGH, J.

Heard Sri Rajiv Upadhaya, Advocate holding brief of Sri Shiva Kant Srivastava, learned counsel for the applicant and learned A.G.A. for the State-opposite party no.1.

Present application under Section 528 B.N.S.S. has been preferred for quashing the charge-sheet dated 02.08.2024 in S.S.T. No.154 of 2024 (State Vs. Heera Lal and others) arising out of Case Crime No.284 of 2023, under Section 3(1) U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, Police Station Kaptanganj, District Azamgarh, pending before the Court of Additional District and Sessions Judge/ Special Judge (Gangster Act), Court No.6, Azamgarh as well as cognizance order dated 11.12.2024.

Learned counsel for the applicant submits that no joint meeting had taken place in view of Rule 5(3)(a) of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Rules, 2021. It is further submitted that the proceedings against the co-accused, Kamla, have already been quashed by a co-ordinate Bench of this Court vide order dated 15.05.2025 passed in Application under Section 528 BNSS No. 10629 of 2025. Therefore, on the ground of parity, the proceedings against the present applicant are also liable to be quashed.

Learned A.G.A. seeks two weeks' time to obtain instructions in this matter.

NA528 No. 49930 of 2025

2

Put up this case on 28th January, 2026 as fresh.

Till the next date of listing, further proceedings of the aforesaid case shall remain stayed against the applicant only.

Vivek Kumar Singh,J.)

January 5, 2026

Radhika

Digitally signed by :- RADHIKA VISHWAKARMA High Court of Judicature at Allahabad