HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 15719 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for the applicant and learned AGA for the State. 2. The instant application has been preferred with the prayer to quash the impugned charge sheet no. 896/24 dated 17.12.2024 as well as impugned cognizance/summoning order dated 15.04.2025 and the entire proceedings of Special Trial no. 382 of 2025 (State vs. Naresh and others) arising out of Case Crime no. 958 of 2023, under Section 2/3 U.P. Gangster and Anti Social Activities (Prevention) Act, Police Station Majhola, District Moradabad pending in the court of learned Special Judge, Gangster Act, Court no. 5, Moradabad as well as to stay the further proceedings of abovementioned case. 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 Versus Counsel for Applicant(s) : Meraj Ahmad Khan Counsel for Opposite Party(s) : G.A., Prateek Srivastava Ramveer .....Applicant(s) State of U.P. and Another .....Opposite Party(s) appended along with application as Annexture no. 4 at page no. 73 wherein the no date has 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 applicant 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 earlier occasion, instructions has been called for ascertaining the fact whether any joint meeting has been held amongst the responding authorities or not, and in response, no date is available either of the forwarding or approving authority and there is no specific instructions, received through learned AGA, from which, it is apparent that no joint meeting has ever been held between approving and forwarding authorities, which is contrary to the judgment rendered by Hon'ble Apex Court in case of Vinod Bihari Lal Versus State of U.P. and another†on 23.05.2025 in Criminal Appeal nos. 777-778 of 2025 (Arising out of SLP (Crl.) Nos. 5376-5377 of 2023). 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. The rules mentioned below to Rule 5 of the Rules of 2021 although clarified the wording and the orders which ought to be passed by the approving authority but the missing of joint meeting/discussion is not necessarily to be reproduced time and again since the legislature and law makers are conscious not to repeat the procedure in each and every rules/sections in the concerned Act/Rules since the study of the sections available in the rules framed under the Act has to be read in a procedural manner where it is written in sub-sequential order and as such the provision contained under the Rule 5(3)(a) of Rules of 2021 has to be given preference while reading other rules which are mentioned below to Rule 5 of the Rules of 2021 and as such the specific provision for holding joint meeting is NA528 No. 15719 of 2025 2 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 no. 896/24 dated 17.12.2024 thereafter the order passed by learned concerned court by way of passing cognizance/summoning order dated 15.04.2025 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. September 25, 2025 #Vik/- NA528 No. 15719 of 2025 3 (Saurabh Srivastava,J.) Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad