Neutral Citation No. - 2025:AHC:100776 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 21496 of 2025 Applicant :- Aman Sharma And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Madan Lal Srivastava,Naveen Kumar Yadav,Pradeep Kumar Yadav 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 cognizance/summoning order dated 03.10.2024 as well as entire proceedings of Case no. 1124 of 2024 (State vs. Aman Sharma and others) arising out of Case Crime no. 561/2023, under Section 2/3 U.P.Gangster Anti-Social Activities (Prevention) Act, PS- Phase-I, Noida, pending in court of Additional Sessions Judge- 4/Special Judge, Gangster Act, Gautam Budh Nagar. 3. Learned counsel for applicants 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 appended along with application is available at page no. 54 wherein the different dates have 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 applicants 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 authority. Learned counsel for applicants also relied upon judgment dated 17.05.2025 passed by this Court in case of Vinay Dubey alias Sonu vs. State of U.P. and another passed in Application u/s 482 no. 3812 of 2025. 5. Per contra, learned AGA vehemently opposed the prayer as made in the application and rebutted the stand taken up by learned counsel for the applicants by way of taking reliance of Rule 16(2) of Rules of 2021 wherein there is hardly any mention of joint meeting which shall be conducted at the time of approving gang chart by concerned Commissioner of Police/District Magistrate. 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 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. 7. In view aforementioned discussion, cognizance/summoning order dated 03.10.2024 as well as entire proceedings of Case no. 1124 of 2024 arising out of Case Crime no. 561/2023 under Section 2/3 U.P.Gangster Anti-Social Activities (Prevention) Act, 1986, PS- Phase-I, Noida pending in court of Additional Sessions Judge-4/Special judge, Gangster Act, Gautam Budh Nagar are hereby set aside. 8. However, the above mentioned order will not preclude the concerned authorities for re-initiation of the proceedings against applicants herein, if required in future, in accordance with law. 9. The application stands allowed accordingly. Order Date :- 1.7.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad