AMAN YADAV ALIAS ANAM AND 3 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/46733/2025 · 2026-03-18
Chawan Prakash
body2025
DailyLaw.ai
[ 2025 DAILYLAW 1914 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 1914 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 46733 of 2025 Court No. - 80 HON'BLE CHAWAN PRAKASH, J.
1. Heard Sri Siddharth Rai, 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 25.07.2024 as well as impugned cognizance order dated 21.10.2024 and the entire proceedings of Special Session Trial no. 140 of 2024 (State Vs. Ramchandar Yadav @ Maiku and 16 others), arising out of Case Crime no. 357 of 2023, under Section 3(1) U.P. Gangster and Anti Social Activities (Prevention) Act, Police Station Rani Ki Sarai, District Azamgarh, pending in the court of learned Additional District and Sessions Judge/Special Judge, Gangster Act, Court No.6, Azamgarh. 3. Vide earlier order dated 06.01.2025, this Court granted time to learned AGA to obtain instructions. 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 and the same was started from
30.04.2024. The said instructions are taken on record. 5. Learned counsel for applicant submitted that from the narrations available in the instructions itself, appears that procedure defines under Versus Counsel for Applicant(s) : Siddharth Rai Counsel for Opposite Party(s) : G.A. Aman Yadav Alias Anam And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
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 Senior Advocate appearing on behalf of applicant seems to be justified since the said procedure which is mandated on the part of the approving 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 25.07.2024 thereafter the order passed by learned concerned court by way of taking cognizance of offence vide order on dated 21.10.2024, is hereby quashed and set aside. 7. The application stands allowed accordingly. 8.
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 applicant herein, if required in future, strictly in accordance with law. March 19, 2026 Md Faisal NA528 No. 46733 of 2025 2 (Chawan Prakash,J.) Digitally signed by :- MOHD FAISAL High Court of Judicature at Allahabad