Neutral Citation No. - 2024:AHC:91441
Court No. - 90 Case :- APPLICATION U/S 482 No. - 6735 of 2024
Applicant :- Sarvesh Kumar And Another
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Mohd Imran Khan
Counsel for Opposite Party :- G.A.
Hon'ble Dr. Gautam Chowdhary,J.
1. Heard Mohd. Wasi holding brief of Mohd. Imran Khan learned counsel for the applicants and learned A.G.A for the State.
2. applicants has invoked the inherent jurisdiction of this court under section 482 Cr.P.C. to quash the entire proceedings as well as cognizance order dated 10.04.2023 in Session Trial No.1515 of 2023 arising out of Case Crime No.390 of 2022 under section 2/3 U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Kavi Nagar, District Ghaziabad.
3. It is submitted by learned counsel for the applicants that arising out same Case Crime No. i.e. 390 of 2022, two co-accused have already preferred application under section 482 being No.18319 of 2023 (Tasavvar Vs. State of U.P. and another) and application No.21088 of 2023 (Abid Ali Vs. State of U.P. and another). It is submitted that on the basis of the solitary case Gangster Act has been slapped against the present applicants. It is further submitted that all the vehicles which are the subject matter of the Case Crime No.1641 of 2021 are in a bad condition and rusty. Considering the bad condition of vehicles, this court has passed the order dated 24.05.2023 in application under section 482 No.18319 of 2023 for submitting the report & till no coercive action shall be taken against the applicant.
4. Matter requires consideration.
5. List this matter on 29.05.2024, along with Application U/s 482 No. 18319 of 2023.
6. Till the next date of listing, no coercive action shall be taken against the applicants in Session Trial No.1515 of 2023 (State Vs.
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Bhola @ Chandra Mohan and others), arising out of Case Crime No.390 of 2022, under sections 2/3 of the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, P.S. Kavi Nagar, District Ghaziabad, pending in the court of Speical Judge (Gangster Act), Court No.14, Ghaziabad.
Order Date :- 20.5.2024 CP.sahani
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