Neutral Citation No. - 2025:AHC:89931 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 13045 of 2025 Applicant :- Sudesh Kumar @ Tillu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Awadhesh Kumar Malviya Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the parties. 2. The instant application has been preferred with the prayer to quash the impugned charge sheet dated 09.09.2023 as well as impugned summoning order dated 08.11.2023 and the entire proceedings of Special Trial no. 1488 of 2023 (State of U.P. vs. Sudesh @ Tillu and others) arising out of Case Crime no. 0188 of 2022, under Section 2/3 of U.P. Gangsters and Anti Social Activities (Prevention) Act, Police Station Badalpur, District Gautam Buddha Nagar pending in the court of learned Special Judge, Gangsters Act, Gautam Buddha Nagar. 3. Learned counsel for applicant took precise grounds for challenging the entire proceedings that there is hardly any compliance of Rule 5 of Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Rules, 2021 which clearly demonstrate that the gang chart will not be approved summarily but after due discussion in a joint meeting of the Commissioner of Police/District Magistrate/Senior Superintendent of Police/Superintendent of Police which has already been prepared by concerned In-charge of Police Station/Station House Officer/Inspector who present it before Additional Superintendent of Police and after seeking his due recommendation the same has to present before the District Head of Police and thereafter the same was to be approved in joint meeting with the authorities who are mentioned under Rule 5 who recommended the same and thereafter at the time of approval, the same has to be jointly finally approved. The approval which is appended along with application is available at page no. 76 wherein the different dates have been mentioned by the different authorities which is strictly in terms of provision available under Rule 5 but there is hardly any compliance in respect of Rule 5(3)(a) of Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Rules, 2021. 4. Learned counsel for the applicants specifically submitted that there must be a joint meeting as mentioned in the Rule 5(3)(a) and the same has never been disclosed or mentioned at the time of approving the gang chart by concerned District Magistrate. 5. On the previous occasion, time was granted in favour of learned AGA to obtain instructions whether compliance of Rule 5(3)(a) of the U.P. Gangsters and Anti Social Activities (Prevention) Rules, 2021 has been made or not. 6. Today, when the matter has been taken up, learned AGA fairly submitted that no such meeting has been held which is apparent from the instructions. 7. After hearing rival submissions extended by learned counsel for the parties, this Court finds that the rules are crystal clear at the initial stage which is mentioned under Rule 5(3)(a) of the Rules of 2021 for holding joint meeting of the authorities concerned which includes the presenting officer, forwarding officer and thereafter the discussion shall be made with the approving authority. As per the instructions received by the learned AGA, it is crystal clear that no joint meeting has been held in the present case and as such the said procedure which is mandated on the part of the approving authority is missing in the instant matter and as such entire proceedings arising out of approval of the gang chart which culminated into preferring the charge sheet on dated 09.09.2023 thereafter the order passed by learned concerned court by way of passing summoning order on dated 08.11.2023 is hereby quashed and set aside. 8. However, the above mentioned order will not preclude the concerned authorities for re-initiation of the proceedings against applicants, if required in future, in accordance with law. 9. The application stands allowed accordingly. Order Date :- 26.5.2025 Aditya Tripathi Digitally signed by :- ADITYA TRIPATHI High Court of Judicature at Allahabad Digitally signed by :- ADITYA TRIPATHI High Court of Judicature at Allahabad