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2025 DAILYLAW 74822 (ALL)

SWAMINATH PANDEY AND ANOTHER v. STATE OF U.P.

NA528/24748/2025 · 2025-09-11

Saurabh Srivastava

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 24748 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard 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 impugned charge sheet dated 10.12.2024 as well as impugned summoning order dated 16.12.2024 and further proceedings of Special Session Trial no. 160 of 2024 (State Vs. Swami Nath Pandey and others), arising out of Case Crime no. 401 of 2023, under Section 3(1) U.P. Gangster and Anti Social Activities (Prevention) Act, Police Station Raunapar, District Azamgarh, pending in the court of learned Additional District and Sessions Judge/Special Judge, Gangster Act, Court No.6, Azamgarh. 3. Vide earlier order dated 30.07.2025, 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 applicants 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 Versus Counsel for Applicant(s) : Chandan Yadav, Deepesh Kumar Ojha Counsel for Opposite Party(s) : G.A. Swaminath Pandey And Another .....Applicant(s) State of U.P. .....Opposite Party(s) 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 applicants 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 10.12.2024 thereafter the order passed by learned concerned court by way of taking cognizance of offence vide order on dated 16.12.2024, is hereby quashed and set aside. 7. The application stands allowed accordingly. 8. 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 applicants herein, if required in future, strictly in accordance with law. September 12, 2025 Vivek Kr. NA528 No. 24748 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad