Vishnu Lal vs State Of U.P.And Another
2016 Latest Caselaw 6662 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 50
 

 
Case :- APPLICATION U/S 482 No. - 32326 of 2016
 

 
Applicant :- Vishnu Lal
 
Opposite Party :- State Of U.P.And Another
 
Counsel for Applicant :- Samit Gopal
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Rajesh Dayal Khare,J.

Heard learned counsel for the applicant and learned A.G.A. for the State.

The present 482 Cr.P.C. application has been filed for quashing the impugned order dated 30.05.2011 passed by the Special Judge, Gangster Act, Allahabad in Special Trial No. 49 of 2011, State of U.P. Vs. Yasir Rishi and 2 others, Case Crime No. 180 of 2008, under Section 3(1) of the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Kydeganj, District Allahabad.

It is contended by learned counsel for the applicant that no summons were received by the applicant regarding passing of the summoning order and as much as the applicant was initially being prosecuted under Sections 406, 420, 467, 468, 471, 506, 120-B I.P.C. in which he has been granted bail. It is further contended that without following the procedure of law the present criminal proceeding has been initiated under the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986.

Issue notice to the opposite party No.2 returnable within four weeks. Steps be taken within a week.

Learned A.G.A. prays for and is granted four weeks time to file counter affidavit.  The respondent No. 2 may also file counter affidavit within the said period.  As prayed by the learned counsel for the applicant three week thereafter is granted for filing rejoinder affidavit.

List after expiry of the aforesaid period before appropriate Court.

Till the next date of listing, no coercive action shall be taken against the applicant in the aforesaid case.

Order Date :- 25.10.2016

NS