Neutral Citation No. - 2025:AHC:108869 Court No. - 77 Case :- APPLICATION U/S 482 No. - 35868 of 2024 Applicant :- Shiv Hari Awasthi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amit Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the applicant and Sri Pankaj Kumar, learned A.G.A. for the State. 2. The present application under Section 482 Cr.P.C., has been filed for quashing the entire proceedings of Special Case No. 37 of 2024 (State vs. Shiv Hari Awasthi & Others) arising out of Case Crime No. 105 of 2024, Under Section 2/3(1) of the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Bithri Chainpur, District Bareilly pending in the Court of Special Judge (Gangster Act)/Additional Sessions Judge-Vth, Bareilly as well as the impugned cognizance order dated 13.05.2024 and chargesheet dated 10.05.2024. 3. Learned counsel for the applicant has submitted that applicant is posted as Jail Warden in Bareilly. It is further submitted that the FIR has been lodged against the applicant under Section 2/3(1) of the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 with an allegation that the applicant is unemployed and has no source of income and is involved in activities which are responsible for his implication in the present case. It is next submitted that the gang chart which has been prepared in the present case is absolutely illegal and in violation of Rule 8(2)(4) of the U.P. Gangster and Anti Social Activities (Prevention) Rules, 2021, as incorrect and incomplete information has been furnished before authority concerned alleging that the applicant is unemployed, although he is rendering his services as Jail Warden in Bareilly and the said gang chart has been approved by the competent authorities without application of mind, therefore the impugned chargesheet dated 10.05.2024 submitted by concerned investigating officer and the impugned cognizance/summoning order dated 13.05.2024 passed by learned concerned court are totally illegal, arbitrary and against the material available on record and as such the above proceedings initiated against the applicant may be quashed. 4. Per contra, learned AGA for the State vehemently opposed the prayer as made in the application but could not dispute the fact that the applicant is a government employee who is rendering his services as Jail Warden in Bareilly. 5. After having the rival submissions of learned counsel for parties and perusal of the material available on record, it is crystal clear that the authorities concerned who prepared the gang chart have mentioned that the applicant is not doing anything in respect of his livelihood, however, the fact is otherwise which was not disputed by learned AGA that the applicant is a government employee who is rendering his services as Jail Warden in Bareilly. Thus, this Court finds that the learned court concerned was not justified in taking cognizance and summoning the applicant, therefore, the impugned summoning order is not sustainable and liable to be set- aside. 6. In view of the aforementioned facts and circumstances, the entire proceedings of Special Case No. 37 of 2024 (State vs. Shiv Hari Awasthi & Others) arising out of Case Crime No. 105 of 2024, Under Section 2/3(1) of the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Bithri Chainpur, District Bareilly pending in the Court of Special Judge (Gangster Act)/Additional Sessions Judge-Vth, Bareilly as well as the impugned cognizance order dated 13.05.2024 and chargesheet dated 10.05.2024, are hereby set-aside. 7. Accordingly, the application u/s 482 Cr.P.C. is allowed. Order Date :- 9.7.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad