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2024 Supreme(All) 2447

IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
VINOD DIWAKAR
Sumit Punjabi @ Sumit Arora – Appellant
Versus
State of U.P. – Respondent


Advocates Appeared:
For the Applicant : Ajay Nand Pandey, Shravana Kumar Yadav, Syed Imran Ibrahim
For the Opposite Party : G.A.

JUDGMENT :

Vinod Diwakar, J.

1. Heard learned counsel for applicant and learned AGA for the State.

2. Through the instant proceedings, the applicant has challenged the cognizance/summoning order dated 10.04.2024 on a limited ground that the Rules framed under the Provisions of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986 have not been complied with by the police.

3. Thus, the learned counsel for the applicant submits that; (i) besides Rules 16 and 17 of the Rules 2021, Rule 24 for expeditious investigation has been violated, (ii) the FIR was registered on 29.4.2022, whereas the charge sheet was filed on 3.2.2024 almost after a delay of 21 months and two days, (iii) the applicant is a businessman and he is arrayed as an accused in the base case on the basis of confessional statement of co- accused, which is impermissible under the law, (iv) the applicant's arrest was stayed by this Court vide order dated 1.8.2022, on Court's prima facie, satisfaction that the applicant is innocent and has been arrayed as an accused by the police because of ulterior reasons.

4. Per contra, learned AGA states that the applicant is a habitual offender and three cases have been registered

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