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2025 DAILYLAW 19546 (ALL)

RAM NARESH RAI AND 4 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/6355/2025 · 2025-09-22

Saurabh Srivastava

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 6355 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for applicants and learned AGA appearing on behalf of State, who preferred instructions before this Court and the same is taken on record. 2. The instant application has been preferred with the prayer to quash the impugned charge sheet dated 20.06.2024, cognizance/summoning order dated 22.07.2024 and the entire proceedings of Special Session Trial No.911 of 2024 (State vs. Ram Naresh Rai and Others) arising out of Case Crime no.376 of 2023, under Section 3(1) U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station- Kotwali, District- Ghazipur, pending in the court of learned Additional Session Judge/Special Judge, E.C. Act, Court No.4/Special Judge, Gangster Act, Ghazipur. 3. Vide earlier orders dated 19.08.2025 and 02.09.2025, this Court granted time to learned AGA for apprising the Court with regard to minutes of meeting, if held jointly, by forwarding authority as well as approving authority in consonance with Rule 5(3)(a) of Gangster Rules, 2021. 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. 5. Learned counsel for applicants submitted that from the narrations available in the instructions itself, it appears that procedure defines under Versus Counsel for Applicant(s) : Ali Hasan, Shionath Jaishal Counsel for Opposite Party(s) : G.A. Ram Naresh Rai And 4 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. 6. The argument raised by learned counsel for applicants seems to be justified since the said procedure which is mandated on the part of the approving authority as well as forwarding 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 20.06.2024, thereafter the order passed by learned concerned court by way of taking cognizance of offence vide order on dated 22.07.2024, is hereby quashed and set aside. 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 applicants herein, if required in future, strictly in accordance with law. September 23, 2025 Saif NA528 No. 6355 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad