HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 5362 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Learned AGA for the State has handed over a copy of the instructions, the same is taken on record. 2. Heard learned counsel for the applicant and learned AGA for the State. 3. The instant application has been preferred with the prayer to quash the impugned chargesheet dated 21.02.2024 and summoning/cognizance order dated 05.03.2024 including the entire proceedings of Criminal Session Trial no. 319 of 2024 (State vs. Dileep Kumar and 2 others) arising out of Case Crime no. 0241 of 2023, under Section 2/3 of U.P. Gangster and Anti Social Activities (Prevention) Act, Police Station Chandaus Aligarh, District Aligarh pending in the court of learned Additional District Judge (ADJ)-4, Aligarh as well as to stay the further proceedings of abovementioned case. 4. Learned counsel for applicants took precise grounds for challenging the entire proceedings that there is hardly any compliance of Rule 5 of Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Rules, 2021 which clearly demonstrate that the gang chart will not be approved summarily but after due discussion in a joint meeting of the Commissioner of Police/District Magistrate/Senior Superintendent of Police/Superintendent of Police which has already been prepared by concerned In-charge of Police Station/Station House Officer/Inspector who present it before Additional Superintendent of Police and after seeking his due recommendation the same has to present before the District Head of Police and thereafter the same was Versus Counsel for Applicant(s) : Rahul Kumar Jadaun, Upasana Singh Jadaun Counsel for Opposite Party(s) : G.A. Yogendra Pal Singh @ Yogesh Kumar .....Applicant(s) State of U.P. and Another .....Opposite Party(s) to be approved in joint meeting with the authorities who are mentioned under Rule 5 who recommended the same and thereafter at the time of approval, the same has to be jointly finally approved. The approval which is appended along with application which is appended as Annexure no. 2 at page no. 48 wherein no date has been mentioned by the authorities concerned, which is strictly in terms of provision available under Rule 5 but there is hardly any compliance in respect of Rule 5(3)(a) of Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Rules, 2021. 5. Learned counsel for the applicants specifically submitted that there must be a joint meeting as mentioned in the Rule 5(3)(a) and the same has never been disclosed or mentioned at the time of approving the gang chart by concerned District Magistrate. 6. As per the instructions, so received by learned AGA, it is transpired that there is hardly any minutes of meeting available in records and at the same time, learned counsel for the applicant also highlighted that at the time of preparation of gangchart, no date has been mentioned by any of the authorities concerned, which is clear violation of Rule 5(3)(a) of Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Rules, 2021. 7. After hearing rival submissions extended by learned counsel for the parties, this Court finds that the rules are crystal clear at the initial stage which is mentioned under Rule 5(3)(a) of the Rules of 2021 for holding joint meeting of the authorities concerned which includes the presenting officer, forwarding officer and thereafter the discussion shall be made with the approving authority. The rules mentioned below to Rule 5 of the Rules of 2021 although clarified the wording and the orders which ought to be passed by the approving authority but the missing of joint meeting/discussion is not necessarily to be reproduced time and again since the legislature and law makers are conscious not to repeat the procedure in each and every rules/sections in the concerned Act/Rules since the study of the sections available in the rules framed under the Act has to be read in a procedural manner where it is written in sub-sequential order and as such the provision contained under the Rule 5(3)(a) of Rules of 2021 has to be given preference while reading other rules which are mentioned below to Rule 5 of the Rules of 2021 and as such the specific provision for holding joint meeting is NA528 No. 5362 of 2025 2 mandatory on the part of all the officers who are involved in forwarding the gang chart and finally it is incumbent upon the approving authority to hold meeting under Section 5(3)(a) of the Rules of 2021. 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 dated 21.02.2024 thereafter the order passed by learned concerned court by way of passing summoning/cognizance order dated 05.03.2024, are hereby quashed and set aside. 8. However, the above mentioned order will not preclude the concerned authorities for re-initiation of the proceedings against applicant, if required in future, in accordance with law. 9. The application stands allowed accordingly. September 10, 2025 #Vik/- NA528 No. 5362 of 2025 3 (Saurabh Srivastava,J.) Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad