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2025 DAILYLAW 101415 (ALL)

BABLE ALIAS BRAJESH AND ANOTHER v. STATE OF U.P. AND ANOTHER

NA528/37557/2025 · 2025-09-24

Saurabh Srivastava

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 37557 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for the parties. 2. The instant application has been preferred with the prayer to quash the impugned charge sheet no.176/2024 dated 10.07.2024 as well as impugned cognizance-summoning order dated 23.08.2024 and the entire proceedings of Session Case no. 815 of 2024 (State vs. Bable @ Brajesh and Others), arising out of Case Crime no.148 of 2023, under Sections 2/3 U.P. Gangster and Anti Social Activities (Prevention) Act, Police Station- Patiyali, District- Kasganj, pending in the court of learned Additional Session Judge FTC-II, Kasganj. 3. At the very outset, learned counsel for applicants has challenged the entire proceedings on specific ground that there is hardly any minutes of meeting, if held jointly, in between forwarding authority and approving authority, which is clear violation of Rule 5(3)(a) of U.P. Gangster Rules, 2021. 4. Per contra, learned A.G.A. vehemently opposed the prayer as made in the application and submitted through records available him that approval of the gang chart is in consonance with Rule 5(3)(a) of U.P. Gangster Rules, 2021 as there is joint meeting held between the forwarding authority and approving authority and the dates mentioned over the gang chart by concerned authorities are also same. 5. After hearing the rival submissions extended by learned counsel for the parties, the argument raised by learned A.G.A. seems to be justified since the said procedure which is mandated on the part of the approving authority as Versus Counsel for Applicant(s) : Jitendra Kumar, Rajeev Kumar Singh Counsel for Opposite Party(s) : G.A. Bable Alias Brajesh And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s) well as forwarding authority is establish in the instant matter and as such, the instant application lacks merit. 6. The application stands dismissed accordingly. September 25, 2025 Saif NA528 No. 37557 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad