Pradeep Kumar vs State Of U.P. And Another
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Allahabad High Court

Pradeep Kumar vs State Of U.P. And Another on 11 August, 2025

Author: Saurabh Srivastava

Bench: Saurabh Srivastava

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2025:AHC:136620
 
Court No. - 77
 

 
Case :- APPLICATION U/S 528 BNSS No. - 29138 of 2025
 

 
Applicant :- Pradeep Kumar
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Mukul Kumar Mishra
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Saurabh Srivastava,J.
 

1. Heard Dr. Manish holding brief of Sri Mukul Kumar Mishra, learned counsel for applicant and learned AGA for State.

2. Present application has been preferred with the following prayers:-

"... to quash the entire proceedings of S.S.T. no. 11/2024 (State vs. Anwar Hussain and others) arising out of Case Crime no. 26 of 2023 under Section 3(1) of U.P.Gangster and Anti-Social Activities (Prevention) Act, 1986, PS- Kotwali, District Rampur pending in court of learned Additional Session Judge, Court no. 3, District Rampur."

3. At the very outset, learned counsel for applicant submitted that in identical matter, co-accused Talib Khan preferred Application u/s 528 BNSS no. 21071 of 2025 (Talib Khan vs. State of U.P. and another) before this Court challenging the same proceeding, wherein pleadings were entertained by this Court and after due consideration judgment and order dated 23.07.2025 (Annexure no. 5) has been passed by this Court whereby entire proceeding has been quashed and set aside. It is submitted that instant application has been preferred at the behest of applicant who is also implicated in same Case Crime no. 26 of 2023 and the similar argument has been raised by learned counsel for applicant for challenging the said proceedings.

4. Although, learned AGA opposed the prayer sought through instant application but did not disputed the fact in respect of judgment dated 23.07.2025.

5. In view of foregoing discussion, parity of judgment and order dated 23.07.2025 is applicable in favour of applicant and as such entire proceeding arising out of approval of gang chart which culminated into preferring the charge sheet on dated 26.01.2024 thereafter order passed by learned concerned court by way of passing summoning order on dated 09.02.2024 is hereby quashed and set aside in respect of applicant namely Pradeep Kumar, in the light of judgment and order dated 23.07.2025 passed in case of Talib Khan (supra).

6. However, the above mentioned order will not preclude the concerned authorities for re-initiation of the proceedings against applicant, if required in future, in accordance with law.

7. The instant application u/s 528 BNSS stands allowed accordingly.

Order Date :- 11.8.2025

Shaswat