Neutral Citation No. - 2025:AHC:109242 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 18797 of 2025 Applicant :- Prashant Rai Opposite Party :- State of U.P. and Another Counsel for Applicant :- Deeksha Gupta,Siddharth Srivastava 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 no. A/115 dated 30.05.2024 and cognizance order dated 25.10.2024 in Case Crime no. 0104 of 2022, under Section 3(1) of U.P.Gangster and Anti-Social Activities (Prevention) Act, 1986, PS- Rani-ki-Sarai, District Azamgarh upon which learned Additional District and Session Judge/Special Judge (Gangster Act), Court no. 6, Azamgarh has summoned the applicant to face trial as well as entire proceedings of Special Session Trial no. 142 of 2024 (State vs. Arvind Gupta and 21 others) pending before aforesaid court. 3. Learned counsel for applicant submitted that procedure defined 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. Learned counsel also relied upon order dated 21.05.2025 rendered by this Court in similar case of Saharsh Rai @ Goldi Rai vs. State of U.P. and another passed in Application u/s 528 BNSS no. 14836 of 2025 and applicant seeks parity with the same. 4. Per contra, learned AGA vehemently opposed the prayer sought through instant application but could not dispute the aforesaid facts. 5. 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 in pursuance to Rule 5(3)(a) and 16 of Gangster Rules, 2021, 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. 6. The application stands allowed accordingly. 7. 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 :- 9.7.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad