Prayagraj: The Allahabad High Court on Friday dismissed a petition challenging charge sheet and summoning order issued against former SP MLA Irfan Solanki in a Gangsters Act case. The order was passed by Justice Samit Gopal. A case was registered against Irfan under the Gangsters Act at the Jajmau police station in Dec 2022. He has been named as a gang leader in the case. The case was imposed on him on the basis of an offence that he had allegedly committed in Nov 2022 by setting a hut on fire. The investigation was concluded and a charge sheet dated June 27, 2023 under Section 3(1) of The Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, was filed against Irfan Solanki, his brother Rizwan Solanki, Israil Aatewala, Mohd Sharif and Shaukat Ali. Irfan had filed an application in the high court seeking to quash the entire proceedings. The court, relying on the Supreme Court judgment in Pradeep Kumar Kesarwani Vs State Of UP, said it is not a fit case for interference. The court observed: “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.”
