RAJESH KUMAR YADAV AND ANOTHER v. State of U.P. AND ANOTHER
A482/37318/2024 · 2025-08-18
Saurabh Srivastava
Civil Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 106192 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 106192 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:142537 Court No. - 77 Case :- APPLICATION U/S 482 No. - 37318 of 2024 Applicant :- Rajesh Kumar Yadav And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Saurabh Pandey Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J.
1. Heard learned counsel for applicants and learned AGA appearing on behalf of State.
2. The instant application has been preferred with the prayer to quash the impugned charge sheet dated 16.03.2024, impugned cognizance order dated 23.04.2024 as well as the entire proceedings of Session Case no. 302 of 2024 (State vs. Ganesh Pratap Singh and Others) arising out of Case Crime no.105 of 2023, under Section 3(1) U.P. Gangster and Anti Social Activities (Prevention) Act, Police Station- Ghorawal, District- Sonbhadra, pending in the court of learned Additional Sessions Judge (F.T.C.) (C.A.W.), Sonbhadra.
3. Vide earlier order dated 25.07.2025, this Court granted time to learned AGA for apprising the Court with regard to minutes of meeting, if held jointly, by forwarding authority as well as approving authority in consonance with Rule 5(3)(a) of Gangster Rules, 2021.
4. Today, when the matter was taken up, learned AGA came up with specific instructions which was provided by concerned authorities to him through which, it is apparent that no minutes of meeting related to the present matter, is available with the concerned authorities since at that time, minutes of meeting was not prepared.
5. Learned counsel for applicants submitted that from the narrations available in the instructions itself, it appears that procedure defines under Rule 5(3)(a) of Gangster Rules, 2021 has not been followed at the time of forwarding and approving the gang-chart and as such, entire proceedings of the present case may be set aside.
6. The argument raised by learned counsel for applicants seems to be justified since the said procedure which is mandated on the part of the approving authority as well as forwarding authority is missing in the instant matter and as such, entire proceedings arising out of approval of the gang chart which culminated into preferring the charge sheet on dated 16.03.2024, thereafter the
order passed by learned concerned court by way of taking cognizance of offence vide order on dated 23.04.2024, is hereby quashed and set aside.
7. The application stands allowed accordingly.
8. However, the above mentioned order will not preclude the concerned authorities for re-initiation of the proceedings against applicants herein, if required in future, strictly in accordance with law.
Order Date :- 19.8.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad