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Neutral Citation No. - 2025:AHC:107944 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 22761 of 2025 Applicant :- Smt Manshi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kuldeep Tripathi,Shiv Shanker Mishra Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J.
1. Supplementary affidavit preferred on behalf of applicant is taken on record. 2. Heard learned counsel for applicant and learned AGA appearing on behalf of State. 3. The instant application has been preferred with the prayer to quash entire proceeding of Session Case no. 174 of 2025 (State vs. Ishank Agrawal & others) arising out of Case Crime no. 272 of 2024 under Section 3(1) of U.P.Gangster and Anti-Social Activities (Prevention) Act, 1986, PS- Amroha Nagar, District Amroha, including charge-sheet dated 15.02.2025 as well as cognizance/summoning order dated 20.03.2025 passed by learned Additional Sessions Judge/F.T.C.-II, Amroha. 4. It is submitted by learned counsel for applicant that in the present case while approving the gang-chart, no joint meeting was held and there is over writing in the date of approval of gang-chart. The gang-chart has been approved on either 03.05.2024 or 04.05.2024 which is against Rule 5(3)(a) and 16(3) of U.P.Gangster Rules, 2021, hence the entire proceeding initiated against the applicant in shape of Case Crime no. 272 of 2024 under Gangster Act, 1986 is liable to be quashed and set aside. 5. Per contra, learned AGA vehemently opposed the prayer sought through instant application and submitted that at page no. 52 of instant application, letter of joint-meeting is appended which shows that joint-meeting has been conducted by the authorities concerned while approving the gang-chart. 6. After hearing the rival submissions extended by learned counsels for the parties and perusing the records, this Court finds that although gang-chart has been signed on different dates but as
per document appended at page no. 52 of the application, it is crystal clear that joint-meeting has been conducted by District Magistrate, Amroha and Superintendent of Police, Amroha and the same has been signed on the same date i.e. 1.5.2024. Rest of the grounds raised by learned counsel for applicant is subject matter of trial and cannot be adjudicated at this stage in proceeding u/s 528 BNSS. 7. In view of foregoing discussion, instant application u/s 528 BNSS being devoid of merit is hereby dismissed accordingly.
Order Date :- 8.7.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad