Neutral Citation No. - 2025:AHC:131390 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 23528 of 2025 Applicant :- Rukhsana Parveen And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sameer Khan Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Sri Sameer Khan, learned counsel for applicants and learned AGA appearing on behalf of State. 2. The instant application has been preferred with the prayer to quash the entire proceeding of Session Case no. 125 of 2025 (State vs. Nazar Khan & others) under Section 3(1) Gangster Act, Police Station- Amroha Nagar, District Amroha at present pending in court of Additional Session Judge/ Fast Track Court-II, District- Amroha including charge sheet dated 18.01.2025 as well as cognizance order dated 20.02.2025 and other process issued against applicants arising out of Case Crime no. 0001 of 2024 under Section 3(1) Gangster Act, PS- Amroha Nagar, District Amroha. 3. On previous occasion, when the matter was taken up on dated 22.07.2025, below mentioned order has been passed by this Court through which interim protection has been extended in favour of the applicant: "1. In spite of earlier order, no instructions have been received by learned AGA till today even after making correspondence on dated 14.07.2024. 2. Ten days and no more time is extended in favour of learned AGA to seek instructions, in case of failure, Superintendent of Police, Amroha shall appear in person before this Court. 3. Put up this case on 05.08.2025 as fresh. 4. Till the next date of listing, no coercive action shall be initiated against applicants in pursuance of Case Crime No.0001 of 2024, under Section 3(1) of Gangster Act, P.S. Amroha Nagar, District Amroha. 5. However, it is made clear that the said interim protection has been granted due to non availability of instructions in spite of order of this Court. " 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 18.01.2025 thereafter the order passed by learned concerned court by way of taking cognizance of offence vide order on dated 20.02.2025, is hereby quashed and set aside only in respect of applicants namely Rukhsana Parveen, Nazar Khan, Rihan Khan and Guljar Khan. 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 applicants 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