Mohd. Anas And Another vs State Of ...
2022 Latest Caselaw 4230 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 15
 

 
Case :- APPLICATION U/S 482 No. - 3077 of 2022
 

 
Applicant :- Mohd. Anas And Another
 
Opposite Party :- State Of U.P.Thru.Prin.Secy.Lko.And Another
 
Counsel for Applicant :- Manzar Ali Khan,Akbar Ali Khan
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Vikas Kunvar Srivastav,J.

Heard learned counsel for the applicants, learned Additional Government Advocate for the State and perused the material available on record.

The instant application under Section 482 Cr.P.C. has been moved on behalf of the applicants for quashing the entire proceedings of Sessions Trial No. 571 of 2021, Crime No. 0133 of 2020, under Sections 2/3 of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Thakurganj, District Lucknow and chargesheet as well as summoning order dated 09.06.2021 passed by learned Special Judge, Gangsters Act, District Lucknow.

Learned counsel for the applicants submits that the court below is proceeding at the stage when charges are still to be framed and the materials, found during investigation by the police, are to be presented before the court below, whereupon cognizance has been taken.

On the basis of materials placed on record, learned counsel for the applicants fails to show any manifest error in the proceeding pursuant to lodging of the complaint. Even no prima facie case for the quashment of proceeding is disclosed from the materials on record to invoke the Court's extraordinary power to interfere for the reason of abuse of process or necessary to serve the ends of justice, rather application seems to be an effort of stifling the process of the Court. The case, prima facie, does not fall under any category of illustration given in the judgment of State of Haryana & Others Vs. Ch. Bhajan Lal & Others [AIR 1992 SC 604].

Accordingly, this application under Section 482 Cr.P.C. is disposed of with a direction that if the accused-applicants in Sessions Trial No. 571 of 2021, Crime No. 0133 of 2020, under Sections 2/3 of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Thakurganj, District Lucknow, appear/surrender and move an application for bail before the courts below, within a period of 15 days from the date of order, the court concerned is directed to dispose of the bail application, if possible, on the same day, ensuring further participation of the accused-applicants in the proceeding before the court.

Meanwhile, for the aforesaid period of 15 days or the date when the accused-applicants appear/surrender before the court and apply for bail, whichever is earlier, no coercive action shall be taken against them.

Order Date :- 26.5.2022

kkv/