Brijesh Pandit @ Birju vs. State Of U.P. And Another
Facts
The applicant, Brijesh Pandit @ Birju, filed an application under Section 528 BNSS seeking to quash a summoning order dated 10.07.2019 and the entire criminal proceedings in GST no. 43 of 2019. These proceedings arose from Case Crime no. 938 of 2018 under Section 2/3 of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, registered at PS- Quarsi, District Aligarh. The applicant's counsel, at the outset, relinquished the prayer for quashment and expressed the intention to move a bail application before the trial court. The learned Additional Government Advocate (AGA) for the State had no objection to this revised prayer.
Held
The Court noted that the applicant's counsel relinquished the prayer for quashing the summoning order and criminal proceedings and instead wished to move a bail application before the trial court. The learned AGA for the State had no objection to this. Consequently, the Court, without interfering into the merits of the case, directed that if the applicant appears before the concerned court within three weeks from the date of the order and moves an application for bail, the same shall be considered and disposed of in accordance with law. The Court also granted protection from coercive action against the applicant for a period of three weeks, making it clear that this order would be of no avail if the bail application was not moved within the prescribed time. The application was disposed of with these directions.
Key Issues
1. Whether the summoning order dated 10.07.2019 and the entire criminal proceedings in GST no. 43 of 2019, arising out of Case Crime no. 938 of 2018 under Section 2/3 of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, should be quashed. Petitioner's Contention: The applicant initially sought to quash the summoning order and criminal proceedings. However, the applicant's counsel later relinquished this prayer. Revenue's Contention: The learned AGA for the State had no objection to the applicant's subsequent prayer to move a bail application before the trial court.
Sections Cited
Section 2, Section 3
AI-generated summary — verify with the full judgment below
Neutral Citation No. - 2025:AHC:86315 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 10344 of 2025 Applicant :- Brijesh Pandit @ Birju Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sonu Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J.
Heard learned counsel for the applicants and learned A.G.A. for the State and perused the record.
This application has been filed by the applicant to quash the summoning order dated 10.07.2019 as well as entire criminal proceeding GST no. 43 of 2019 (State of U.P. vs. Ravi @ Tamatar @ Chacha and others) arising out of Case Crime no. 938 of 2018 under Section 2/3 U.P.Gangsters and Anti-Social Activities (Prevention) Act, 1986, PS- Quarsi, District Aligarh.
At the very outset, learned counsel for the applicant has submitted that he relinquishes the prayer for quashment and wishes to move bail application before the trial court.
Learned AGA has no objection to the prayer so made.
Be that as it may, without interfering into the merits of the case, it is provided that in case the applicant appears before the court concerned within three weeks from today and move application for ba
The judgment continues below.
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