ABDUL RAQIB Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Avinash Singh Vishen, Advocate, who assisted the Court on being asked; Sri Sukhveer Singh, Advocate, learned counsel appearing for the applicant/Abdul Raqib @ Pehtul in APPLICATION U/S 483 No. 49 of 2025; Sri Sukh Deo Singh, learned counsel appearing for the applicant/Rashid Khan in APPLICATION U/S 483 No. 116 of 2025 and Sri Ajay Kumar Srivastava, learned AGA as well as Sri Badrul Hasan, learned AGA-I, who appeared for the State of U.P.

(2.) The applications have been preferred seeking following main relief(s):-

(3.) On the objection with regard to maintainability of the Applications under Sec. 483 Cr.P.C., under consideration, this Court has to answer the following question. Whether the remedy under Sec. 483 Criminal Procedure Code, 1973 (in short "Cr.P.C.") (now repealed) or Sec. 529 Bharatiya Nagarik Suraksha Sanhita, 2023 (in short "BNSS"), as the case may be, would be available to the concerned for seeking prayer of expeditious disposal of the case under Sec. 16 of Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 (in short "Act of 1986").