Neutral Citation No. - 2025:AHC:116145 Court No. - 77 Case :- APPLICATION U/S 482 No. - 3361 of 2025 Applicant :- Vinay Kumar Yadav And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anil Kumar Verma,G.S. Chauhan Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the applicants and learned A.G.A. for the State. 2. The present application under Section 482 Cr.P.C., has been filed for quashing the entire proceedings of Special Trial No. 1012 of 2022 (State vs. Pradeep Kumar Singh & Others) arising out of Case Crime No.469 of 2021, Under Section 3(1) of the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Cantt, District-Varuna (Commissionerate Varanasi) pending in the Court of Additional Sessions Judge, Court no. 13/Special Judge, Gangster Act, Varanasi as well as the impugned cognizance order dated 12.09.2022 and chargesheet no. 01 of 2022 dated 10.09.2022. 3. Learned counsel for the applicants has submitted that applicants are posted as Postal Assistants in Department of Post Office, Cantt, Varanasi and they have not committed the offence. It is further submitted that the FIR has been lodged against the present applicants and one P.K. Singh under Section 3(1) of the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 with an allegation that the applicants are involved in activities which are responsible for their implication in the present case. It is further submitted that a person can only be prosecuted under Section 3 of the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 only after he falls under the definition of Gangster "being a part of Gang which is involved in anti-social activities as mentioned in Section 2(b)(i) to (xxv) of the Act". It is next submitted that the gang chart which has been prepared in the present case is absolutely illegal and in violation of Rules of the U.P. Gangster and Anti Social Activities (Prevention) Rules, 2021, as incorrect and incomplete information has been furnished before authority concerned, although they are rendering their services as Postal Assistants in Department of Post Office, Cantt, Varanasi and the said gang chart has been approved by the competent authorities without application of mind, therefore the impugned chargesheet no. 01 of 2022 dated 10.09.2022 submitted by concerned investigating officer and the impugned cognizance/summoning order dated 12.09.2022 passed by learned concerned court are totally illegal, arbitrary and against the material available on record and as such the above proceedings initiated against the applicants may be quashed. 4. Per contra, learned AGA for the State vehemently opposed the prayer as made in the application but could not dispute the fact that the applicants are the government employees who are rendering their services as Postal Assistants in Department of Post Office, Cantt, Varanasi. 5. After having the rival submissions of learned counsel for parties and perusal of the material available on record, it is crystal clear that the authorities concerned who prepared the gang chart have mentioned that the applicants are involved in anti-social activities, however, the fact is otherwise which was not disputed by learned AGA that the applicants are the government employees who are rendering their services as Postal Assistants in Department of Post Office, Cantt, Varanasi. Thus, this Court finds that the learned court concerned was not justified in taking cognizance and summoning the applicants, therefore, the impugned summoning order is not sustainable and liable to be set-aside. 6. In view of the aforementioned facts and circumstances, the entire proceedings of Special Trial No. 1012 of 2022 (State vs. Pradeep Kumar Singh & Others) arising out of Case Crime No.469 of 2021, Under Section 3(1) of the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Cantt, District- Varuna (Commissionerate Varanasi) pending in the Court of Additional Sessions Judge, Court no. 13/Special Judge, Gangster Act, Varanasi as well as the impugned cognizance order dated 12.09.2022 and chargesheet no. 01 of 2022 dated 10.09.2022, are hereby set-aside. 7. Accordingly, the application u/s 482 Cr.P.C. is allowed. Order Date :- 17.7.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad