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2024 Supreme(Online)(ALL) 479

HIGH COURT OF ALLAHABAD (LUCKNOW BENCH)
Hon'ble Rajesh Singh Chauhan,J.
Ramesh Kumar – Appellant
Versus
State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Another – Respondent


Advocates:
Petitioner: Bhola Singh Patel , Beant Singh and Vivek Kumar Verma
Respondent: G.A.

Hon'ble Rajesh Singh Chauhan,J.

1. Heard Sri Vivek Kumar Verma, learned counsel for the petitioner and Sri Ram Raj Singh, learned AGA for State.

2. By means of this petition the petitioner has prayed following relief :

    "Wherefore, it is most respectfully prayed that this Hon'ble High Court may kindly be pleased to quash the impugned order dated 17.01.2023, passed by the Special Judge, Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, Additional Session Judge, Court No.-08. Barabanki in Gangster Case No. 2009/2021, State Vs Ramesh Kumar & others, arising out case crime no. 215/2020, under section-3(1) Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, Police Station- Satrikh, District-
    Barabanki, and also quash its consequential criminal proceeding, contained as Annexure No 1 to this petition."

3. This is a case which can be appreciated on the basis of maxim "Sublato fundamento, cadit opus" which means if the foundation of anything is vanished, the super structure constructed whereon shall automatically demolish.

4. Learned counsel for the petitioner has drawn attention of this court towards the gang chart (Annexure no. 3) where







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