Neutral Citation No. - 2025:AHC:56654 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 12691 of 2025 Applicant :- Dwarika Jaiswal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Brij Bhushan Prasad Shrivastava Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Sri Brij Bhushan Prasad Shrivastava, learned counsel for the applicant and learned AGA for the State. 2. While challenging the entire proceedings initiated at the behest of Section 3(1) of Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 on the basis of Case Crime No. 239 of 2017, wherein the applicant has been chargesheeted and cognizance of offence has been taken up by learned court concerned in pursuance to Section 3(1) of Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986. 3. Learned counsel for the applicant submitted that chargesheet dated 06.12.2017 in Case Crime No. 239 of 2017 has been put under challenge before this Court, wherein interim protection has been granted by coordinate Bench of this Court vide order dated 11.04.2019 and as such in presence of interim protection granted by coordinate Bench of this Court through which chargesheet has been interfered for adjudicating the legality, genuineness and validity of the same is still pending and as such the proceedings under the Gangster Act cannot be proceeded against the applicant. 4. So far as all the other arguments are concerned, learned counsel for the applicant also submitted that the entire proceedings in shape of sanction, forwarding and approval has been considered on the same date by holding a joint meeting and as such the same is also not permissible in the eye of law. 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 on the basis of compliance of Rule 5(3)(a) of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Rules, 2021, wherein the provision is specifically clarified that the gangchart must be prepared only on the joint meeting to be held with the concerned authorities such as forwarding and approving authority, but in the instant matter it is the best example of the compliance of Rule 5(3)(a) of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Rules, 2021, wherein the joint meeting has been held and the process for preparation of the gangchart has been finalized on the same date. 6. After hearing rival submissions extended by learned counsel for the parties, the argument so raised by learned counsel for the applicant has to be dealt one by one. The first argument submitted by learned counsel for the applicant that the sole case in which the applicant has been implicated at the stage of submission of chargesheet and in pursuance of the same, proceeding of the Gangster Act has been initiated against the applicant, wherein interim protection has been granted by coordinate Bench of this Court and as such the same is not amenable in pursuance to the Gangster Act. By bare perusal of the order dated 11.04.2019, it is clear that only the protection in shape of prohibiting the authorities for taking any coercive action in pursuance to the chargesheet, meaning thereby the proceeding initiated in pursuance to Case Crime No. 239 of 2017 which has been instituted as Case No. 1876 of 2018 has never been stayed and as such the trial court has never been restrained to proceed in pursuance to cognizance order dated 29.11.2018 and as such implication of the applicant in Case Crime No. 912 of 2017 in pursuance to Section 3(1) of Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 instituted as Special Trial No. 205 of 2022 is perfectly legal to be proceeded against the applicant. The second argument raised by learned counsel for the applicant regarding merit of Case Crime No. 239 of 2017 that certain batteries which has been stolen and later on recovered in Case Crime No. 721 of 2017 has been related to Case Crime No. 239 of 2017 and implicated at the stage of preferring chargesheet against the applicant. 7. At the time of considering the sanctity, validity and genuineness along with legality of the gangster proceeding initiated against the applicant, the merit of case which has been mentioned in gangchart cannot be ascertained since it is not under the domain of challenge in respect of the instant application. 8. In view of aforementioned facts and circumstances and the observation made above, the instant application lacks merits and hence dismissed. Order Date :- 17.4.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad