Neutral Citation No. - 2025:AHC:135687 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 23286 of 2025 Applicant :- Pankaj Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Gaurav Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard 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 charge sheet dated 20.03.2025 as well as cognizance order dated 31.05.2025 along with entire proceedings of Sessions Case no. 737 of 2025, arising out of Case Crime no. 83 of 2024, under Section 3(1) U.P. Gangster and Anti Social Activities (Prevention) Act, Police Station Harraiya, District Basti, pending in the court of learned Additional Sessions Judge/Special Judge (MP/MLA)/Gangster Act/Fast Track Court Ist, Basti. 3. Vide earlier orders dated 14.07.2025 and 28.07.2025, this Court granted time to learned AGA for apprising the Court with regard to minutes of meeting, if held jointly, by forwarding authority as well as approving authority in consonance with Rule 5(3)(a) of Gangster Rules, 2021. 4. Today, when the matter was taken up, learned AGA came up with specific instructions which was provided by concerned authorities to him through which, it is apparent that no minutes of meeting related to the present matter, is available with the concerned authorities. The said instructions are taken on record. 5. Learned counsel for applicant submitted that from the narrations available in the instructions itself, appears that procedure defines 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. 6. The argument raised by learned counsel for applicant seems to be justified since the said procedure which is mandated on the part of the approving authority as well as forwarding 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 20.03.2025 thereafter the order passed by learned concerned court by way of taking cognizance of offence vide order on dated 31.05.2025, is hereby quashed and set aside. 7. The application stands allowed accordingly. 8. 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 :- 11.8.2025 Vivek Kr. Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad