JAYKARAN AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/25824/2025 · 2025-09-03
Saurabh Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 74216 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 74216 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 25824 of 2025 Court No. - 77 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 impugned charge sheet dated 27.03.2025 as well as impugned cognizance/summoning order dated 28.04.2025 and the entire proceedings of Special Session Trial no. 976 of 2025 (State vs. Ankur Latiyan and Others), arising out of Case Crime no. 645 of 2024, under Sections 2/3 U.P. Gangster and Anti Social Activities (Prevention) Act, Police Station- Baghpat, District- Baghpat, pending in the court of learned Additional District and Session Judge-05/Special Judge, Gangster Act, Baghpat.
3. At the very outset, learned counsel for applicants has challenged the entire proceedings on specific ground that there is hardly any minutes of meeting, if held jointly, in between forwarding authority and approving authority, which is clear violation of Rule 5(3)(a) of U.P. Gangster Rules, 2021.
4. Per contra, learned A.G.A. vehemently opposed the prayer as made in the application and submitted through his instructions that approval of the gang chart is in consonance with Rule 5(3)(a) of U.P. Gangster Rules, 2021 as there is joint meeting held between the forwarding authority and approving authority and Versus Counsel for Applicant(s) : G.A., Pawan Singh Pundir, Rahul Singh Tomar Counsel for Opposite Party(s) :
Jaykaran And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
there is hardly any illegality while preparing the gang chart.
5. After hearing the rival submissions extended by learned counsel for the parties, the argument raised by learned A.G.A. seems to be justified since the said procedure which is mandated on the part of the approving authority as well as forwarding authority is establish in the instant matter and as such, the instant application lacks merit.
6. The application stands dismissed accordingly. September 4, 2025 Saif NA528 No. 25824 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad