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Neutral Citation No. - 2025:AHC:131747 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 20905 of 2025 Applicant :- Durgesh Seth Opposite Party :- State Of U,.P. And Another Counsel for Applicant :- Bharti Mishra 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 18.02.2024 in S.S.T. no. 161 of 2024 (State vs. Arjun Verma and others) arising out of Case Crime no. 034 of 2023 under Section 3(1) of U.P.Gangster and Anti-Social Activities (Prevention) Act, 1986, PS- Adalhat, District Mirzapur pending before court of Additional District and Sessions Judge/Special Judge (E.C. Act), Court no. 4, Mirzapur as well as cognizance order dated 22.02.2024 so far relates to applicant.
3. On previous occasion, when the matter was taken up on dated 22.07.2025, below mentioned order has been passed by this Court whereby time was granted in favour of learned AGA for seeking instructions that whether any joint meeting has been held or not:
"1. Learned AGA prayed for and is granted ten days and no more time to seek instructions.
2. Put up this case on 05.08.2025 as fresh. "
4. Today, when the matter has been taken up again, it has been apprised by learned AGA through instructions that no document is available in respect of holding joint meeting by competent authority in shape of forwarding and approving authority.
5. The argument raised by learned counsel for applicants 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 18.02.2024 thereafter the
order passed by learned concerned court by way of taking
cognizance of offence vide order on dated 22.02.2024, is hereby quashed and set aside only in respect of applicant namely Durgesh Seth.
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, strictly in accordance with law.
Order Date :- 5.8.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad