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

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

What the court decided

AI extract

Outcome

Interim stay on further proceedings of Sessions Trial No.782/2023 against the applicants only till the next date of listing; case put up fresh on 30.01.2026; learned AGA allowed two weeks to obtain instructions; quashing prayer left undecided.

Issue for consideration

Whether the proceedings against the applicants (discharge rejection order dated 18.11.2025, charge sheet dated 18.09.2022, cognizance/summoning order dated 01.04.2023 and entire proceedings of Sessions Trial No.782/2023) should be quashed, on the submission that their case stands at par with identically situated co-accused Om Prakash Jaiswal whose proceedings were quashed by a Co-ordinate Bench.

Court's answer

Interim relief granted: till the next date of listing, further proceedings of Sessions Trial No.782/2023 shall remain stayed against the applicants only; the matter is to be put up fresh on 30.01.2026, with the learned AGA given time to obtain instructions. No merits decision on the quashing prayer was taken.

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Court No. 81), Hon'ble Vivek Kumar Singh, J. — Application U/S 528 BNSS No. 51548 of 2025, Keshav Singh and another v. State of U.P. and another (order dated January 7, 2026). The applicants seek quashing of the discharge rejection order dated 18.11.2025, the charge sheet dated 18.09.2022, the cognizance/summoning order dated 01.04.2023 and the entire proceedings of Sessions Trial No.782/2023 (State Vs. Jawahar Yadav and others), arising out of Case Crime No.338 of 2021 under Sections 3(1) of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Khorabar, District Gorakhpur. Counsel submits parity with identically situated co-accused Om Prakash Jaiswal, whose proceedings were quashed by a Co-ordinate Bench of this Court vide order dated 14.07.2025 passed in Application under Section 528 BNSS No. 19876 of 2025; a copy of that order was taken on record. The learned AGA sought two weeks' time to obtain instructions. By way of interim order, further proceedings of the trial were stayed against the applicants only till the next date of listing, and the matter was put up fresh on 30.01.2026. No merits decision was taken.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 51548 of 2025

Keshav Singh And Another

.....Applicant(s)

Versus

State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s)	: Vivek Singh Shrinet
Counsel for Opposite Party(s)	: G.A.

Court No. - 81

HON'BLE VIVEK KUMAR SINGH, J.

Heard learned counsel for applicants and learned AGA for the State.

The instant application has been preferred for quashing the discharge rejection order dated 18.11.2025, charge sheet dated 18.09.2022, cognizance /summoning order dated 01.04.2023 and entire proceedings of Sessions Trial No.782/2023 (State Vs. Jawahar Yadav and others), arising out of Case Crime No.338 of 2021, under Sections 3(1) of Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Khorabar, District Gorakhpur.

It is submitted by learned counsel for the applicants that the proceedings against an identically situated co-accused, namely Om Prakash Jaiswal, have been quashed by a Co-ordinate Bench of this Court vide order dated 14.07.2025 passed in Application under Section 528 BNSS No. 19876 of 2025. A copy of the aforesaid order has been produced by learned counsel for the applicants and the same is taken on record. It is further submitted that the case of the applicant stands at par with that of the aforesaid co-accused; therefore, the proceedings against the applicant may also be quashed.

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

Put up this case on 30.01.2026 as fresh.

NA528 No. 51548 of 2025

2

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

(Vivek Kumar Singh,J.)

January 7, 2026

Radhika

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