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2023 Supreme(All) 824

SAMIT GOPAL
Nisar – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Ram Pravesh Yadav, Shashank Kumar
For the Respondent: G.A.

JUDGMENT :

1. List revised.

2. Heard Sri Shashank Kumar, learned counsel for the applicant, Sri Ankit Srivastava, learned counsel for the State and perused the record.

3. This application under Section 482 Cr.P.C. has been filed by the applicant-Nisar with the prayer to quash the proceedings as well as charge-sheet dated 07.06.2021 & cognizance order dated 03.09.2021 in Session Trial No. 52 of 2021 arising out of Case Crime No. 352 of 2020, under Section 2/3 of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Mauima, District Prayagraj pending in the Court of Special Judge, Gangsters Act, Allahabad with a further prayer that proceeding of the aforesaid case be stayed against the applicant during the pendency of the present application.

4. The facts in the present case are that a first information report was lodged against the applicant and 10 other persons for offences u/s 2/3 of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986 with the allegation that the accused persons have formed a gang and are involved in various criminal activities against the public. A gang chart dated 16.02.2020 was prepared by the Sponsoring Officer which

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