Neutral Citation No. - 2025:AHC:46763 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 9762 of 2025 Applicant :- Anees Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arun Kumar Yadav,Rama Kant Gupta Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the applicant and learned AGA for the State. 2. This application under section 528 BNSS has been preferred to quash the impugned charge-sheet no. 178 of 2024 dated 09.05.2024, summoning order dated 18.10.2024 and the entire proceedings of Special Session Trial No. 136 of 2024 (State vs. Abdullah and another) arising out of Case Crime No. 428 of 2023, under sections 3(1) of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, P.S. Phoolpur, District-Azamgarh, pending in the court of learned Additional District and Sessions Judge/Special Judge (Gangster Act), Court No. 6, Azamgarh as well as to stay the further proceedings of abovementioned case. 3. In spite of absence of proper approval by the competent authority over the forwaring of the gangchart for initiating proceedings under the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 against the applicant, the cognizance has been taken up by learned Court of Additional District and Sessions Judge/Special Judge (Gangster Act), Court No. 6, Azamgarh vide order dated 18.10.2024. 4. Learned counsel for the applicant submitted that it is apparent from the records that although the gangchart has been forwarded and the same has been approved by the District Magistrate, Azamgarh but there is no joint meeting held at the time of forwarding an approval of the gangchart which is mandated as per Rule 5(3)(a) as well as Rule 16 of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Rules, 2021. 5. Per contra, learned A.G.A. has vehemently opposed the prayer as made in the application and rebutted the stand taken up by learned counsel for the applicant but at the same time did not dispute the different dates which has been mentioned in the forwarding and approving authorities and there is hardly any indication with regard to holding joint meeting before approval of the gangchart which is mandated as per the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Rules, 2021. 6. In view of aforementioned facts and circumstances and after having the rival submissions extended by learned counsel for the parties, in absence of strict compliance of Rule 5(3)(a) of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Rules, 2021, proceeding initiated against the applicant including order dated 18.10.2024 passed by learned court concerned are hereby quashed and set-aside. 7. The instant application u/s 528 BNSS stands allowed. 8. However, it is made clear that this order will not preclude the authorities concerned to re-initiate the proceedings, if required strictly in accordance with law. Order Date :- 3.4.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad