The Allahabad High Court has delivered a significant ruling, dismissing a petition filed by former Samajwadi Party (SP) MLA Irfan Solanki. The petition challenged the charge sheet and summoning order issued against him in a case registered under the Gangsters Act.
Court Order and Legal Proceedings
The order was passed by Justice Samit Gopal on Friday, marking a crucial development in the legal battle. A case was initially registered against Irfan Solanki under the Gangsters Act at the Jajmau police station in December 2022. In this case, he has been identified as a gang leader.
Background of the Case
The charges stem from an alleged incident in November 2022, where Irfan Solanki is accused of setting a hut on fire. Following an investigation, authorities concluded the probe and filed a charge sheet on June 27, 2023. This charge sheet was filed under Section 3(1) of The Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986.
Along with Irfan Solanki, the charge sheet also names his brother Rizwan Solanki, Israil Aatewala, Mohd Sharif, and Shaukat Ali as co-accused in the matter.
Petition and Court's Reasoning
Irfan Solanki had approached the high court with an application seeking to quash the entire proceedings against him. However, the court, in its ruling, relied on the Supreme Court judgment in the case of Pradeep Kumar Kesarwani Vs State Of UP. The court stated that this is not a fit case for judicial interference.
In its observations, the court noted: "The proposition of law, the facts of the case, the stage of trial which is not disputed by learned counsels for the parties, the prima facie material available against the applicant, the non-fulfillment of the conditions of the four-step test, does not call for this court to consider it a fit case for interference and thus the present application under Section 528 BNSS is dismissed."
Implications and Next Steps
This dismissal means that the legal proceedings against Irfan Solanki and the other accused will continue as per the lower court's schedule. The case highlights the ongoing efforts by law enforcement agencies in Uttar Pradesh to tackle activities under the Gangsters Act, which is designed to prevent anti-social activities in the state.
The ruling underscores the judiciary's stance on such matters, emphasizing that petitions must meet specific legal criteria for the high court to intervene in ongoing trials.
