Neutral Citation No. - 2025:AHC:86279 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 14836 of 2025 Applicant :- Saharsh Rai @ Goldi Rai Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjay Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for applicant and learned AGA appearing on behalf of State. 2. The instant application has been preferred with the prayer to quash the impugned charge sheet dated 30.05.2024 as well as impugned cognizance order dated 25.10.2024 along with entire proceedings of Special Session Trial no. 142 of 2024 (State Vs. Arvind Gupta and others), arising out of Case Crime no. 104 of 2022, under Section 3(1) U.P. Gangster and Anti Social Activities (Prevention) Act, Police Station Rani Ki Sarai, District Azamgarh, pending in the court of learned Additional District and Sessions Judge/Special Judge, Gangster Act, Court No.6, Azamgarh. 3. Vide earlier order dated 07.05.2025, this Court granted time to learned AGA for apprising the Court with regard to minutes of meeting, if held jointly, by forwarding authority as well as approving authority in consonance with Rule 5(3)(a) of Gangster Rules, 2021. 4. Today, when the matter was taken up, learned AGA came up with specific instructions which was provided by concerned authorities to him through which, it is apparent that no minutes of meeting related to the present matter, is available with the concerned authorities since at that time, minutes of meeting was not prepared and the same was started from 30.04.2024. The said instructions are taken on record. 5. Learned counsel for applicant submitted that from the narrations available in the instructions itself, appears that procedure defines under Rule 5(3)(a) of Gangster Rules, 2021 has not been followed at the time of forwarding and approving the gang-chart and as such, entire proceedings of the present case may be set aside. 6. The argument raised by learned counsel for applicant seems to be justified since the said procedure which is mandated on the part of the approving authority as well as forwarding 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 30.05.2024 thereafter the order passed by learned concerned court by way of taking cognizance of offence vide order on dated 25.10.2024, is hereby quashed and set aside. 7. The application stands allowed accordingly. 8. However, the above mentioned order will not preclude the concerned authorities for re-initiation of the proceedings against applicant herein, if required in future, strictly in accordance with law. Order Date :- 21.5.2025 Vivek Kr. Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad