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2025 DAILYLAW 23433 (ALL)

SHUBHAN v. STATE OF U.P. AND ANOTHER

NA528/6619/2025 · 2025-09-01

Saurabh Srivastava

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 6619 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. Present application has been preferred with prayer to quash the impugned chargesheet dated 24.10.2024 including the entire criminal proceedings of S.S.T. no. 1214 of 2024 (State vs. Mohd Parvej and others) arising out of Case Crime no. 123 of 2024, under Section 2/3 of U.P. Gangsters and Anti- Social Activities (Prevention) Act, 1986, PS-Chhajlet, District Moradabad pending in court of Additional District Judge, Court no. 6, Moradabad. 4. At the very outset, learned counsel for applicant submitted that while preparation of gang-chart in the present matter, no joint meeting has been held between the competent authority, especially forwarding and approving authority, hence impugned proceeding is not sustainable in the eye of law and is liable to be set aside. 5. Per contra, learned AGA, on the basis of instructions so received, has vehemently opposed the prayer sought through the instant application and submitted that the gang-chart has been approved in consonance with Rule 5(3)(a) of Rules of 2021. From perusal of gang-chart, it transpires that the same has been approved on same date in joint meeting of competent authority, especially forwarding and approving authority and as such no interference is required. Versus Counsel for Applicant(s) : Akash Kumar, Ram Kumar Dubey Counsel for Opposite Party(s) : G.A. Shubhan .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 6. After hearing the rival submissions extended by learned counsels for the parties and by bare perusal of the instructions so received by learned AGA as well as the gang-chart which has been appended along with instant application, it is crystal clear that the joint meeting has been held by forwarding and approving authority and as such no interference is required. No other ground has been raised by learned counsel for applicant. 7. In view of foregoing discussions, instant application u/s 528 BNSS lacks merit, hence dismissed. September 2, 2025 #Vik/- NA528 No. 6619 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad