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Neutral Citation No. - 2025:AHC:145440 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 44714 of 2024 Applicant :- Noorul Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohammed Umar Hanif,Saiyad Iqbal Ahmed Counsel for Opposite Party :- G.A. 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.01/2024 dated 15.10.2024 as well as impugned cognizance order dated 15.10.2024 and the entire proceedings of Special Session Trial no. 985 of 2024, arising out of Case Crime no. 0122 of 2024, under Sections 2/3 U.P. Gangster and Anti Social Activities (Prevention) Act, Police Station- Mainather, District- Moradabad, pending in the court of learned Additional District and Session Judge, Court No.6/Special Judge, Gangster Act, Moradabad.
3. At the very outset, learned counsel for applicant 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 detail counter affidavit preferred on dated 20.01.2025, which has not been replied yet, 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.
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 well as forwarding authority is establish in the instant matter and as such, the instant application lacks merit.
6. The application stands dismissed accordingly. Order Date :- 22.8.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad