Neutral Citation No. - 2025:AHC:41749 Court No. - 74 Case :- APPLICATION U/S 482 No. - 34475 of 2024 Applicant :- Ashutosh Singh Alias Sugandh Singh And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anil Kumar Mishra,Mayank Misra Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the applicants and learned A.G.A. for the State. 2. The present application under Section 482 Cr.P.C., has been filed for quashing entire proceeding of Special Trail No. 90 of 2024 (State vs. Ashutosh @ Sugandh and others), Under Section 3(1) of Uttar Pradesh Gangster & Anti Social Activities (Prevention) Act, 1989, Police Station Jahanaganj, District Azamgarh, arising out of Case Crime No. 441 of 2022 along with chargesheet no. 41 of 2024 dated 15.02.2024 as well as cognizance/summoning order dated 08.07.2024 passed by Additional District & Session Judge/Special Judge (Gangster Act), Court No. 5, Azamgarh. 3. Learned counsel for the applicants submitted that Case Crime no. 287 of 2022 which has been instituted as Case no. 17117 of 2022 (State vs. Sunil Nishad) mentioned in the gangchart, which has been challenged for consideration before coordinate Bench of this Court, whereupon vide order dated 28.02.2023, further proceedings in Case no. 17117 of 2022 has already been stayed. Learned counsel for the applicants further submitted that so far as violation of Rules 2021 is concerned, the authorities before giving their recommendation/approval upon the gangchart, the precedent condition provided under Rule 5(3)(a) of the Rules of 2021 to held a joint meeting and after due discussion by giving their satisfaction approved the gangchart. It is further stated that upon perusal of the gangchart, it is being proved itself that no procedure under Rule 5(3)(a) of the Rules of 2021 was followed neither joint meeting nor due discussion was done, resulted the gangchart is defective in nature, hence same is liable to be quashed. 4. Per contra, learned A.G.A opposed the prayer. 5. Considering the above mentioned two grounds, the chargesheet no. 41 of 2024 dated 15.02.2024 as well as cognizance/summoning order dated 08.07.2024 passed by Additional District & Session Judge/Special Judge (Gangster Act), Court No. 5, Azamgarh, is hereby quashed. 6. However, it is made clear that concerned authorities will be at liberty to initiate fresh process, if required in the strict compliance of Rule 5(3)(a) of the Rules of 2021. 7. The application u/s 482 Cr.P.C stands allowed accordingly. Order Date :- 21.3.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad