SUBHASH YADAV AND 2 OTHERS v. State of UP AND ANOTHER
A482/38578/2024 · 2025-09-16
Saurabh Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 107117 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 107117 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 38578 of 2024 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J.
1. Heard learned counsel for applicants and learned AGA for the State- respondent.
2. The present application has been preferred with prayer to quash entire proceeding including charge sheet dated 05.08.2024 and cognizance order dated 04.09.2024 in Special Session Trial no. 915 of 2024 (State vs. Rajesh Singh @ Rangila Singh and others) registered with Case Crime no. 01 of 2024 under Section 3(1) of U.P.Gangster and Anti-Social Activities (Prevention) Act, 1986, PS- Rampur Manjha, District Ghazipur.
3. Impugned chargesheet and cognizance order has been challenged by learned counsel for applicants mainly on the ground that without following the procedure as mentioned under Rule 5(3)(a) of Gangster Rules, 2021, the proceedings of Gangster Act has been initiated against applicants which culminated into filing of impugned chargesheet whereupon cognizance of offence was taken by learned court concerned.
4. Today, when the matter was taken up, learned AGA argued that from perusal of gang-chart appended at Annexure no. 4 of the affidavit in support of application, it is apparent that before proceeding against applicants under the Gangster Act, joint meeting was held between the concerned authorities as per Rule 5(3)(a) of Gangster Rules, 2021 and as such, the instant application may be dismissed.
5. The argument raised by learned AGA seems to be justified since by bare perusal of the records, it cannot be said that the procedure which is mandated on the part of the approving authority as well as forwarding authority, has Versus Counsel for Applicant(s) : Anand Dev Dwivedee, Indrajeet Kumar Shukla, Kaushal Mishra Counsel for Opposite Party(s) : G.A. Subhash Yadav And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
not been followed as provided under the Gangster Rules, 2021 and as such, no interference is required.
6. In view thereof, the application sans merit and is hereby dismissed. September 17, 2025 Shaswat A482 No. 38578 of 2024 2 (Saurabh Srivastava,J.) Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad