Allahabad Former strong MP from Jaunpur Dhananjay Singh has got a shock from Allahabad High Court. The court has rejected the petition filed against the acquittal of the accused in the shootout case that took place in Nadesar area of Varanasi 23 years ago. Dhananjay Singh, his gunner and driver were injured in the shootout. In this case, he had filed a case against five people under the Gangster Act.
The trial court had acquitted the accused. This order was challenged by the former MP in the High Court. The court did not find the petition maintainable. The court said in its comment that the crime under the Gangster Act is only against the state and society and is not considered personal. The Court clarified that only the State has the right to stop anti-social activities and take preventive steps, not any individual.
Former MP Dhananjay Singh from Allahabad High Court has suffered a big shock. The court has rejected the petition of the accused challenging the trial court’s decision to acquit them in the Gangster Act case related to the 2002 deadly attack, considering it not tenable. In this case related to Nadesar Taksal shootout, known as the first ‘open shootout’ of Varanasi, the court made a strict comment and said that it is the responsibility of the state to stop anti-social activities. No person is entitled to usurp the work of the State.
Court’s comment
Former MP (then Rari MLA) Dhananjay Singh had challenged in the Allahabad High Court the order (29 August 2025) of the Varanasi Special Judge, Gangster Act, acquitting four accused under the UP Gangster and Anti-Social Activities (Prevention) Act, 1986. The single bench of Justice Lakshmi Kant Shukla rejected the criminal appeal of Dhananjay Singh. The Court clarified that the offense under the Gangster Act is an offense only against the state and society and not against an individual.
What was the Nadesar Taksal Shootout of 2002?
This matter is about 23 years old. On October 4, 2002, indiscriminate firing was done with the intention of killing the car of the then MLA Dhananjay Singh near Taksal Cinema Hall located at Nadesar in the Cantt police station area of Varanasi, in which the use of automatic weapons like AK-47 was revealed. This was the first ‘open shootout’ of Varanasi.
Dhananjay Singh, his gunner and driver and others were injured in this incident. Dhananjay Singh had filed a case under the Gangster Act against Bahubali MLA Abhay Singh, MLC Vineet Singh, Sandeep Singh, Sanjay Singh, Vinod Singh and Satendra Singh alias Bablu and other unknown people.
The trial court acquitted the accused
On August 29, 2025, Varanasi Special Judge, Gangster Act Sushil Kumar Kharwar had acquitted all four accused, giving them the benefit of doubt due to lack of evidence, which was challenged by Dhananjay Singh in the High Court.
The debate focused on the definition of victim
During the hearing, Dhananjay Singh’s lawyers argued that the appellant is the injured person and the complainant in the original case, hence he falls within the definition of victim and has the right to file an appeal, as given under Section 413 of the BNSS. However, the AGA, on behalf of the state government, argued that the offense under the Gangster Act is against the society, and if the complainant in each such case is allowed to file an appeal, the multiplicity of proceedings would increase. The Court accepted the State’s arguments and held that the appeal of the individual perpetrator as a ‘victim’ in cases like the Gangster Act is not maintainable, and ultimately dismissed the criminal appeal.
