Neutral Citation No. - 2025:AHC:131741 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 14466 of 2025 Applicant :- Amitesh Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Harsh Vardhan Singh,Vikrant Rana Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for applicant and learned AGA for State. 2. Present application has been preferred with the prayer to quash the charge sheet no. 03/2023 dated 25.03.2023, cognizance/summoning order dated 15.05.2023 and the entire criminal proceeding of Case no.33 of 2020 (State vs. Ashok and Another) arising out of Case Crime no. 13 of 2019, under Sections 2/3 of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 at PS- Ecotech-1, District- Gautam Buddh Nagar, pending before learned court of Special Judge, Gangster Act, Gautam Buddh Nagar. 3. While assailing the impugned charge-sheet, cognizance/summoning order as well as the entire proceedings initiated against the applicant under Gangster Act, learned counsel for applicant has relied upon the judgement rendered by Hon'ble Apex Court in case of Vinod Bihari Lal vs. State of U.P. and Another, reported in 2025 INSC 767, wherein it has been held that although the proceedings has been initiated under sections of Gangster Act on the substance which is available in the notification which issued by State Government for compliance by the forwarding and approving authority for implicating any of the co-accused in the Gangster Act has to be conducted in pursuance to the same, which is foundation of U.P. Gangster and Anti Social Activities (Prevention) Rules, 2021, but in the instant matter, the same has not been followed, which is apparent from the face of record. 4. Per contra, learned AGA vehemently opposed the prayer sought through the instant application, but he did not dispute the submissions as made by learned counsel for applicant. 5. After hearing the rival submissions extended by learned counsels for the parties and considering the judgement mentioned above in Vinod Bihari Lal (supra), the argument raised by learned counsel for applicant seems to be justified. 6. In the light of the above mentioned discussions and highlighting the judgement in Vinod Bihari Lal (supra), the gang-chart prepared and forwarded and finally approved is not in consonance with the provisions, as such entire proceedings arising out of approval of the gang chart which culminated into preferring the charge sheet on dated 25.03.2023, thereafter the order passed by learned concerned court by way of passing cognizance/summoning order on dated 15.05.2023 is hereby quashed and set aside only in respect of applicant herein. 7. However, the above mentioned order will not preclude the concerned authorities for re-initiation of the proceedings against applicants, if required, in accordance with proper procedure available at law. 8. The application stands allowed accordingly. Order Date :- 5.8.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad