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2025 DAILYLAW 68378 (ALL)

SHAHABUDDIN v. STATE OF U.P. AND ANOTHER

NA528/22499/2025 · 2025-09-16

Saurabh Srivastava

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 22499 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Instructions preferred on behalf of State is taken on record. 2. Heard Sri Ramashankar Yadav, learned counsel for applicant and learned AGA appearing on behalf of State. 3. The instant application has been preferred with the prayer to quash the entire proceeding of Special Session Trial no. 04/2018 (State of U.P. vs. Saifi and others) under sections 3(1)/2 of U.P.Gangster and Anti-Social Activities (Prevention) Act,1986, PS- Bindki, District Fatehpur against the applicant as well as Non-Bailable Warrant order dated 10.04.2023 and its subsequent orders passed by Additional Sessions Judge/Court no. 4, Fatehpur in Special Session Trial no. 04/2018 (State of U.P. vs. Saifi and others) under sections 3(1)/2 of U.P.Gangster and Anti-Social Activities (Prevention) Act, 1986, PS- Bindki, District Fatehpur. 4. Learned counsel for the applicant submitted that the charge-sheet wherein the gang chart has been prepared and the same was forwarded and approved by the competent authorities were contrary to all cannons of fairness and reasonableness and the same is highly illegal since none of the mandatory compliance with respect to holding joint meeting while preparation of gang- chart has been made by authorities concerned, as issued by Special Notification from time to time by State Government of U.P., which later on culminated into U.P. Gangster and Anti-Social Activities (Prevention) Rules, 2021. While substantiating the arguments raised on behalf of the applicants, learned counsel relied upon the judgement passed by co-ordinate Bench of Versus Counsel for Applicant(s) : Ramashankar Yadav Counsel for Opposite Party(s) : G.A. Shahabuddin .....Applicant(s) State of U.P. and Another .....Opposite Party(s) this Court in case of Rajeev Agarwal vs. State of U.P. and Another, decided on 28.08.2023 in Application under section 482 Cr.P.C. No.38502 of 2018. 5. On previous occasion, when the matter was taken up on dated 5.8.2025, time was extended in favour of learned AGA for seeking instructions specifically over the issue whether any minutes of meeting is available, through which joint meeting has been held amongst the competent authority, especially, forwarding and approving authority or not? 6. 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, learned AGA accepted that dates mentioned below the signatures of forwarding and approving authorities are different. 7. The arguments raised by learned counsel for applicant seems to be justified since so far as the veracity, genuineness and legality of the procedure adopted by framing charge in shape of gang chart is concerned, the same is not in consonance with the provisions contained under Rules of 2021 which is nothing but the compilation of several notification issued by State Government of U.P., which has been mentioned in case of Rajeev Agarwal (supra) and the same is mandated and the competent authorities, who are forwarding and approving the gang chart is duty incumbent to follow the same. 8. In the instant matter, it is crystal clear from the instructions preferred by learned AGA, that none of the procedure for holding joint meeting has been followed by the authorities concerned while preparation of gang-chart. 9. Considering the above facts and circumstances of the case and giving highest regards to the judgement rendered by co-ordinate Bench of this Court in case of Rajeev Agarwal (supra), proceedings initiated against the applicant in pursuance to Special Session Trial no. 04/2018 (State of U.P. vs. Saifi and others) arising out of Case Crime no. 479 of 2016 under sections 3(1)/2 of U.P.Gangster and Anti-Social Activities (Prevention) Act,1986, PS- Bindki, District Fatehpur is hereby quashed and set-aside only in respect of applicant herein. NA528 No. 22499 of 2025 2 10. The instant application stands allowed accordingly. 11. However, the above mentioned order will not preclude the authorities concerned to re-initiate the proceedings against applicant in accordance with law, if required further. September 17, 2025 Shaswat NA528 No. 22499 of 2025 3 (Saurabh Srivastava,J.) Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad