Neutral Citation No. - 2025:AHC:105926 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 20006 of 2025 Applicant :- Chandra Shekhar Gaund Opposite Party :- State of U.P. and Another Counsel for Applicant :- Siddharth Rai Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Sri Siddharth Rai, 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 25.07.2024 as well as impugned cognizance order dated 21.10.2024 and the entire proceedings of Special Session Trial no. 140 of 2024 (State Vs. Ramchandar Yadav @ Maiku and 16 others), arising out of Case Crime no. 357 of 2023, 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 Special Judge (Gangster Act), Azamgarh so far as applicant is concerned. 3. Sri Siddharth Rai, learned counsel for applicant submitted that from the narrations available in the application itself, appears 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.Co-accused Satya Prakash Yadav approached this Court by way of filing Crl. Misc. Application no. 9039 of 2025 and this Court vide order dated 16.05.2025 allowed the said application and quashed the charge-sheet dated 25.07.2024 and cognizance order dated 21.10.2024. 4. Learned AGA could not dispute the aforesaid facts. 5. The argument raised by learned counsel appearing on behalf of applicant seems to be justified since 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 25.07.2024 thereafter the order passed by learned concerned court by way of taking cognizance of offence vide order on dated 21.10.2024, is hereby quashed and set aside only in respect of applicant herein. 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 :- 7.7.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad