Neutral Citation No. - 2025:AHC:61777 Court No. - 74 Case :- APPLICATION U/S 482 No. - 2655 of 2025 Applicant :- Smt. Sonia Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prem Kumar,S.P.S. Chauhan Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the parties. 2. Present application has been preferred with the prayer to quash/set aside the impugned charge sheet no. 336 of 2024 dated 03.09.2024, cognizance/summoning order dated 19.09.2024 passed by learned Additional District & Sessions/Special Judge (Gangster Act), Court no. 4, Aligarh and entire subsequent proceedings of G.S.T. no. 2320 of 2024 (State vs. Karan & others) u/s 2/3 of Gangster Act, arising out of Case Crime no. 01 of 2024, PS- Gonda, District Aligarh, pending against applicant in court of learned Additional District & Sessions/Special Judge (Gangster Act), Court no.4, Aligarh. 3. Brief facts of the case as narrated by learned counsel for the applicant is that for incident of murder of one Narendra Singh on dated 14.07.2023, his brother Udaiveer Singh lodged FIR dated 14.07.2023 against 6 named accused persons including applicant which was registered as Case Crime no. 218 of 2023 under sections 147, 148, 149, 302, 504, 506 IPC, PS- Gonda, District Aligarh wherein vide order dated 14.12.2023 this Court was pleased to grant bail to applicant in Crl. Misc. Bail Application no. 52607 of 2023. After release on bail in aforesaid case, on the basis of aforesaid case, FIR dated 01.01.2024 was lodged by S.H.O.,Police Station Gonda, Aligarh against 6 named accused persons including applicant which was registered as Case Crime no. 01 of 2024 under Section 2/3 of U.P.Gangsters Act, PS-Gonda, District Aligarh. Without compliance of mandatory provisions of U.P.Gangsters and Anti-Social Activities (Prevention) Rules, 2021, impugned charge sheet no. 336 of 2024 dated 03.09.2024 has been submitted and vide order dated 19.09.2024, learned Additional District & Sessions/Special Judge (Gangster Act), Court no. 4, Aligarh has taken cognizance upon charge sheet and summoned the applicant to face trial. 4. It is contended by learned counsel for applicant that Rule 10 of Rules of 2021 makes it mandatory to attach certified copy of charge sheet along with gang chart and before approving the gang chart, not only the investigation must be completed but a charge sheet also must be submitted before the competent court and the certified copy must have been issued by the said Court so as to compulsorily form part of gang chart but in present case, no certified copy of charge sheet has been filed along with gang chart. It is also submitted by learned counsel for applicant that Rule 5(3) (a), 16 & 17 of Rules of 2021 has also not been complied with. The competent authority failed to exercise its own independent mind while forwarding the gang chart and hurriedly prepared, forwarded and approved the gang chart without application of independent mind. Learned counsel for applicant relied upon judgment rendered by co-ordinate Bench of this Court in following cases: i. Dharmendra @ Bheema and another vs. State of U.P. and 4 others decided on 04.03.2024 in Crl. Misc. Writ Petition no. 1049 of 2024. ii. Asim @ Hassim vs. State of U.P. and another decided on 2.12.2023 in Crl. Misc. Writ Petition no. 18729 of 2023. iii. Sukarmpal @ Amit Jat vs. State of U.P. and 3 others decided on 03.10.2024 in Crl. Misc. Writ Petition no. 11077 of 2024. 5. Per contra, learned AGA vehemently opposed the prayer sought through the instant application and submitted that instant proceedings under Gangster Act has rightly been initiated against the applicant and is completely in consonance with Rule 5(3)(a), 10, 16 & 17 of Rules of 2021. 6. After having the rival contentions of learned counsel for the parties, this court notes that in the gang chart available at page no. 25 of the application, date of charge sheet submitted in case crime no. 218 of 2023 against applicant is mentioned as 11.10.2023, which shows that Rule 10 of Rules of 2021 has been complied. Furthermore, at the stage of approving the gang chart on the basis of materials placed, the competent authority should satisfy himself that a case for prosecution under the Act of 1986 is made out. Collection of further materials to prosecute follows at a later stage when after registration of the case, investigation commences. At the stage of approval of the gang-chart, the approving authority has to be convinced that a case for investigation under the Act of 1986 is made out. By bare perusal of the gang-chart which shows due diligence and independent application of mind by both the recommending and approving authorities and as such, none of the grounds raised by learned counsel for applicant through instant application is sustainable in the eye of law. 7. Considering the facts and circumstances of the matter, judgments relied upon by learned counsel for applicant are not applicable in the instant matter. Rest of the arguments raised by learned counsel for applicant are subject matter of trial and cannot be conclusively adjudicated in proceeding under Section 482 Cr.P.C. 8. In view of foregoing discussions, application u/s 482 lacks merit, hence dismissed. Order Date :- 23.4.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad