Rahees and 9 Others vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

Rahees and 9 Others vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Interim order: notice issued to opposite party no. 2 returnable at an early date; learned A.G.A. and opposite party no. 2 to file counter affidavits within three weeks, rejoinder affidavit within one week thereafter; matter listed after eight weeks; further proceedings of Special Case No. 497 of 2002 stayed against the applicants until further orders. Application itself remains pending; no final decision on quashing.

Issue for consideration

Whether the entire proceedings of Special Case No. 497 of 2002 arising out of case crime No. 465 of 2001 under Sections 2/3 of the U.P. Gangsters Act, together with the cognizance/summoning order dated 3.11.2002 and the Non-Bailable Warrant order dated 26.6.2012, are liable to be quashed. +1 more

Court's answer

Prima facie, the matter requires consideration, on which basis notice was directed to be issued to opposite party no. 2.

Ratio / Principle

The delay in filing the present application stands explained.

Key takeaways

As an interim measure, further proceedings of Special Case No. 497 of 2002 shall remain stayed against the applicants until further orders of the Court.ratio¶22

Detailed headnote1 paragraphs

Allahabad High Court (Sanjay Kumar Pachori, J.), by interim order dated April 15, 2026 in Application U/S 528 BNSS No. 9659 of 2026 (Rahees and 9 others v. State of U.P. and another): supplementary affidavit taken on record; delay in filing explained; prima facie the matter required consideration. Notice issued to opposite party no. 2; counter affidavits within three weeks and rejoinder within one week thereafter; listed after eight weeks. Until further orders, further proceedings of Special Case No. 497 of 2002 (arising out of case crime No. 465 of 2001, Sections 2/3 U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, P.S. Sadabad, District Hathras), including the cognizance/summoning order dated 3.11.2002 and the Non-Bailable Warrant order dated 26.6.2012, were stayed against the applicants. Applicants' contentions (not yet adjudicated): FIR dated 14.11.2001 false and frivolous; charge not framed; Gangsters Act invoked on the basis of a solitary case, case crime No. 464 of 2001 under Sections 4/5 of the Prevention of Cruelty to Animals Act, whose FIR was lodged against unknown persons. No precedent cited; no merits holding.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 9659 of 2026

Rahees And 9 Others

.....Applicant(s)

Versus

State of U.P. and Another

	.....Opposite Party(s)
Counsel for Applicant(s)	: Ajay Kumar Pathak
Counsel for Opposite Party(s)	: G.A.

Court No. - 76

HON'BLE SANJAY KUMAR PACHORI, J.

Supplementary affidavit filed today by learned counsel for the applicants is taken on record.

Heard Shri Ajay Kumar Pathak, learned counsel for the applicants and Shri Rahul Pandey, learned brief holder for the State.

The present application under Section 528 of Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed by the applicants to quash the entire proceedings of Special Case No. 497 of 2002, arising out of case crime No. 465 of 2001, under Section 2/3 of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station- Sadabad, District Hathras as well as cognizance/summoning order dated 3.11.2002 and order dated 26.6.2012, whereby Non Bailable Warrant has been issued against the applicants, pending in the court of Special Judge (Gangsters Act)/Additional Sessions Judge, Court No. 4, Hathras.

Delay in filing the present application is explained.

Learned counsel for the applicants submits that the first information report dated 14.11.2001 has been lodged on the basis of false and frivolous allegations with ulterior motive and only to harass the present applicants. It is further submitted that charge has not been framed till today. It is further submitted that Gangsters Act has been imposed against the applicants on the basis of solitary case as case crime No. 464 of 2001, under Section 4/5 of The Prevention of Cruelty to Animals Act. It is further submitted that F.I.R. of case crime No. 464 of 2001 has been lodged against unknown person.

Prima facie, matter requires consideration.

NA528 No. 9659 of 2026

2

Learned A.G.A. has accepted notice on behalf of opposite party No. 1.

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

Learned A.G.A. as well as opposite party no. 2 may file their counter affidavits within three 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 applicants.

April 15, 2026 T. Sinha

(Sanjay Kumar Pachori,J.)

Digitally signed by :- TRIPTI SINHA High Court of Judicature at Allahabad