Afjal Ansari vs State Of U. P. - 2023 Supreme(All) 91

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2023 Supreme(All) 91

DINESH KUMAR SINGH
Afjal Ansari – Appellant
Versus
State Of U. P. – Respondent

Advocates:
Advocate Appeared:
For the Appellant :Upendra Upadhyay, Ajay Srivastava, Sr. Advocate

JUDGMENT :

1. The present petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the “CrPC”) has been filed, seeking quashing of the order dated 04.08.2022 whereby the discharge application of the accused-petitioner has been rejected by the learned Additional Sessions Judge 1st, Ghazipur in Special Sessions Trial No.980 of 2012 (State Vs. Afjal Ansari) under Section 3(1) of The Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 (hereinafter referred to as the “Gangsters Act”), arising out of Case Crime No.01052 of 2007 lodged at Police Station Mohammadabad, District Ghazipur as well as for quashing of the order dated 23.09.2022 passed by the Special Judge (MP/MLA) Court/Additional Sessions Judge, Ghazipur by which charges have been framed against the accused-petitioner in Special Sessions Trial No.980 of 2012 under Section 3(1) of the Gangsters Act in the said case.

Further prayer has been made for quashing of the entire proceedings of the Special Sessions Trial No.980 of 2012.

2. Heard Mr. Dilip Kumar, learned Senior Advocate, assisted by Mr. Upendra Upadhyay and Mr. Ajay Srivastava, Advocates, representing the accused-pe