Neutral Citation No. - 2025:AHC:40546 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 8689 of 2025 Applicant :- Ishrat Sajjad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mahesh Chandra Maurya,Praveen Mishra Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Sri Sanotsh Kumar Paliwal holding brief of Sri Mahesh Chandra Maurya, learned counsel for applicant and learned AGA for the State. 2. Present application has been preferred with the prayer to quash/stay the charge sheet dated 11.04.2024 and entire criminal proceeding of Case Crime no. 1260/2020, as well as summoning order dated 10.12.2024 passed by learned Special Judge, Gangster Act/Additional Session Judge, Court no. 10, Kanpur Nagar under Section 3(1) of U.P.Gangster & Anti-Social Activities (Prevention) Act, 1986, PS- Kalyanpur, District- Kanpur Nagar (State vs. Ishrat Sajjad and others). 3. Learned counsel for applicant submitted that the instant application has been preferred for challenging proceedings arising out of Case Crime no. 1260 of 2020 through which proceedings under Section 3(1) of U.P.Gangsters Act, 1986 has been initiated and applicant has been implicated as one of the gang members. According to the gang chart prepared by the concerned police authority at the time of approval although joint meeting has been held but no specific finding has been recorded with regard to the approval of the gang chart which is provided under Rule 16(2) of U.P.Gangsters & Anti-Social Activities (Prevention) Rules, 2021 wherein the specific terminology is reproduced herein below: "I have duly perused the gang-chart and attached forms and I am fully satisfied that all the particulars mentioned in the case are correct and there is a satisfactory basis for taking action under the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act 1986. Accordingly, approved." 4. Learned counsel for the applicant raised his argument that the approval whatsoever has been made is contrary to the provisions as enunciated under Rule 16(2) of the Rules of 2021. 5. Per contra, learned AGA vehemently opposed the prayer as made in the petition and rebutted the stand taken up by learned counsel for applicant by way of supporting the gang chart as well as implication of the applicant in the same since the nature of the crime is against the peace and normal settled system of the society wherein the applicant is carrying out some illegal activities by way of becoming a member of the gang. 6. On precise query made before learned AGA that the mere approval which has been stamped over the gang chart will suffice the provisions of Rule 16(2) of Rules of 2021, it has been replied fairly that the crystal clear finding has not been given by the approving authority at the time of approving the gang chart prepared by the concerned police authority but at the same time, learned AGA submitted that under the provisions contained under the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Rules, 2021 a joint meeting has been held wherein it has been discussed that it is necessary to implicate the applicant being the member of the gang and the gangster proceeding has been initiated. 7. After hearing rival submissions extended by learned counsel for the parties, one thing is crystal clear that the essence of the provisions as contained under Rule 16 has not been complied with and as such the proceedings whatsoever has been initiated, contrary to the provision, is not sustainable in the eye of law. 8. In view of the aforementioned discussions, impugned summoning order dated 10.12.2024 through which applicant has been summoned in pursuance to Case Crime no. 1260 of 2020 instituted as Sessions Trial no. 1718 of 2024 (State of U.P. vs. Ishrat Sajjad and others) passed by learned court of Special Judge, Gangsters Act/Additional Session Judge, Court no. 10, Kanpur Nagar is hereby set aside. Matter is remitted back to the approving authority for initiating afresh, if required, strictly in provisions contained under Rule 16(2) of the Rules of 2021. 9. The instant petition stands allowed accordingly. Order Date :- 19.3.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad