Allahabad High Court
Rajesh Yadav @ Latari @ Rajesh Kumar ... vs State Of U.P. And Another on 24 July, 2025
Author: Saurabh Srivastava
Bench: Saurabh Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:123380 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 24998 of 2025 Applicant :- Rajesh Yadav @ Latari @ Rajesh Kumar Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manoj Yadav Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J.
1. Heard Sri Manoj Yadav, learned counsel for applicant and learned AGA for State.
2. Present application has been preferred with prayer to quash charge-sheet dated 03.04.2025 as well as its cognizance order dated 25.04.2025 in G.T. no. 536 of 2025 (State vs. Raj Mangal and others) arising out of Case Crime no. 316 of 2023 under Section 3(1) of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, PS- Madhuban, District Mau as well as entire criminal proceeding of aforesaid case which is pending in court of learned Special Judge (Gangster Act)/Additional Session Judge, F.T.C. Ist, Mau.
3. At the very outset, learned counsel for the applicant submitted that applicant challenged the FIR of present Case Crime no. 316 of 2023 by way of filing Criminal Misc. Writ Petition no. 2192 of 2024 (Rajesh Yadav @ Latari @ Rajesh Kumar Yadav) and he sought the attention of the Court over the order dated 19.2.2024 passed by co-ordinate Bench of this Court in Criminal Misc. Writ Petition no. 2192 of 2024 wherein prima facie after recording satisfaction, Division Bench of this Court directed respondents to file counter-affidavit within three weeks. Rejoinder affidavit within two weeks thereafter and specifically mentioned that until further orders, no coercive action shall be taken against the applicant.
4. Learned counsel for the applicant submitted that in spite of order dated 19.2.2024, concerned Investigating Officer conducted detailed inquiry and submitted charge-sheet whereupon cognizance of offence has been taken up on dated 25.04.2025 by Special Judge (Gangster Act)/Additional Session Judge, F.T.C. Ist, Mau. The summoning order issued in pursuance to Section 193 of Cr.P.C, directly comes under the ambit of coercive action which has already been restrained by Division Bench of this Court vide order dated 19.2.2024. Proceeding of Section 173 Cr.P.C. initiated at the behest of Investigating Officer and power exercised by learned Sessions Court, under Section 193 Cr.P.C. is directly in the teeth of the order dated 19.2.2024.
5. Per contra, learned AGA vehemently opposed the prayer sought through instant application but could not dispute the aforesaid facts.
6. After hearing the rival submissions extended by learned counsel for the parties, the entire proceeding conducted by the Investigating Officer and learned Special Judge (Gangster Act)/Additional Session Judge, F.T.C. Ist, Mau, after order dated 19.2.2024 passed by Division Bench of this Court is redundant and the same is liable to be set aside.
7. In view of aforementioned facts and circumstances, entire proceeding in shape of charge-sheet dated 03.04.2025 as well as cognizance order dated 25.04.2025 is hereby quashed and set aside.
8. The application u/s 528 BNSS stands allowed. However, it is made clear that the above mentioned order shall be applicable only in respect of applicant namely Rajesh Yadav @ Latari @ Rajesh Kumar Yadav.
Order Date :- 24.7.2025 Shaswat