Neutral Citation No. - 2025:AHC:111408 Court No. - 77 Case :- APPLICATION U/S 482 No. - 34614 of 2024 Applicant :- Naved Ahmed Khan And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mithilesh Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for applicants and learned AGA for State. 2. Present application has been preferred with the prayer to quash the charge sheet dated 06.08.2021, cognizance/summoning order dated 13.09.2021 and the entire criminal proceeding of Session Case no. 406 of 2021 (State vs. Galib and Others) arising out of Case Crime no. 376 of 2020, under Sections 2/3 of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 at PS- Bahadurgarh, District- Hapur, pending before learned Court of Additional District and Session Judge/Special Judge (Gangster Act), Hapur. 3. It is submitted by learned counsel for applicants that in the present case, gang chart has been prepared by the authorities concerned without any approval in joint meeting of District Magistrate, Hapur and Superintendent of Police, Hapur. The District Magistrate, has approved the same in very casual manner without applying his judicial mind which is gross violation of Rule 5(3)(a) of U.P. Gangster Rules, 2021. The approval of gang-chart made in the year 2020, which is appended as Annexure no.2 at page nos. 27 to 29 of the instant application, wherein different dates have been mentioned by the different authorities. It is also submitted by learned counsel for applicants that provision of Section 3(1) of Gangster Act, deals with punishment and any person can be prosecuted only after he falls under the definition of gangster act defined in Section 2(b)(i) to (xxv) being a part of gang of the act. Hence, the entire proceeding are liable to be quashed. 4. Since the approval of gang-chart was made in the year 2020 itself and as such Rules framed in the year 2021 is not applicable in the instant matter, learned counsel for applicants came up with a judgment rendered by co-ordinate Bench of this Court on dated 28.08.2023 passed in Application u/s 482 no. 38502 of 2018 (Rajeev Agrawal vs. State of U.P. and another) and in support of his case, highlighted paragraph no. 20 where, Government Order dated 02.01.2004 is available and it is submitted that under point no. 3 of the instructions, it is clearly mentioned that gang-chart is to be finally approved in joint discussion of District Magistrate along with Senior Superintendent of Police/Superintendent of Police. 5. Per contra, learned AGA vehemently opposed the prayer sought through the instant application but submitted that as per the instructions, no minutes of joint meeting are available. 6. After hearing the rival submissions extended by learned counsels for the parties and perusing the records including Government Order dated 02.01.2004, this Court finds that in the guidance which were applicable at the time of preparation of the gang-chart in the instant matter, the same essence has already been mentioned in the guidelines also wherein although Rule 5(3)(a) of U.P. Gangster Rules, 2021 was not available but the essence of the same was available that gang-chart was to be prepared with joint consultation of Senior Superintendent of Police/Superintendent of Police along with District Magistrate of concerned district, but in the instant matter, there is hardly any minutes of meeting available as per the instructions received by learned AGA and as such the gang-chart, which has been prepared is not in consonance with the guidelines issued by State Government of U.P. which has been amended from time to time and the latest one is having the same essence as mentioned under Rule 5(3)(a) of U.P.Gangster Rules, 2021 and the same has never been followed while preparation of the gang-chart which is available in the instant matter. 7. In the light of the above mentioned discussions and specific provisions available in the Government Order/notification dated 02.01.2004, the gang-chart prepared and forwarded and finally approved is not in consonance with the provisions, as such entire proceedings arising out of approval of the gang chart which culminated into preferring the charge sheet on dated 06.08.2021, thereafter the order passed by learned concerned court by way of passing cognizance order on dated 13.08.2021 is hereby quashed and set aside only in respect of applicants herein. 8. 8. However, the above mentioned order will not preclude the concerned authorities for re-initiation of the proceedings against applicants, if required, in accordance with proper procedure available at law. 9. The application stands allowed accordingly. Order Date :- 10.7.2025/Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad