Neutral Citation No. - 2025:AHC:80891 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 14753 of 2025 Applicant :- Mukesh Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jitendra Kumar,Keshav Hari Dixit,Purushottam Dixit 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 charge sheet dated 31.12.2024 and cognizance order dated 13.02.2025 in Gangster Session Trial no. 252 of 2025 (State vs. Madan Gopal @ Kaliya and others) arising out of Case Crime no. 0001 of 2024 under Section 2/3 of U.P.Gangsters and Anti- Social Activities (Prevention) Act, 1986, PS- Akrabad, District Aligarh pending in court of learned Additional District and Session Judge/Special Judge (Gangster Act), Court no. 4, Aligarh. 3. Learned counsel for applicants 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. 47 wherein only single date has been mentioned above endorsement by District Magistrate while in respect of other authorities concerned no date has been mentioned which is not strictly in terms of provision available under Rule 5 and 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. Per contra, learned AGA in pursuance to instructions received submitted that there is no minutes available regarding any joint meeting held by the authorities concerned. 6. 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 and as such the specific provision for holding joint meeting is mandatory on the part of all the officers who are involved in forwarding the gang chart and finally it is incumbent upon the approving authority to hold meeting under Section 5(3)(a) of the Rules of 2021. 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 31.12.2024 thereafter the order passed by learned concerned court by way of passing cognizance order on dated 13.02.2025 is hereby quashed and set aside. 7. However, the above mentioned order will not preclude the concerned authorities for re-initiation of the proceedings against applicant, if required in future, in accordance with law. 8. The application stands allowed accordingly. Order Date :- 15.5.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad