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2025 DAILYLAW 75173 (ALL)

SACHIN RASTOGI @ SACHIN v. STATE OF U.P. THROUGH SECRETARY HOME AT LUCKNOW

NA528/24733/2025 · 2025-09-03

Saurabh Srivastava

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 24733 of 2025 Court No. - 77 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 impugned charge sheet no.354/2024 dated 19.07.2024 as well as impugned cognizance/summoning order dated 23.10.2024 and the entire proceedings of Session Case no. 583 of 2024 (State vs. Kamruddin and Others) arising out of Case Crime no.638 of 2023, under Section 3(1) U.P. Gangster and Anti Social Activities (Prevention) Act, Police Station- Amroha Nagar, District- Amroha (J.P. Nagar), pending in the court of learned Additional District and Sessions Judge, F.T.C. IInd, Amroha. 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 in the records, which corroborated different dates mentioned in the gang chart signed by forwarding and approving authority and the consideration which is mandated as per the procedure has not been specifically mentioned by the forwarding and approving authority. 5. Learned counsel for applicant submitted that from the narrations available Versus Counsel for Applicant(s) : Abhijat Awasthi, Abu Bakht Counsel for Opposite Party(s) : G.A. Sachin Rastogi @ Sachin .....Applicant(s) State Of U.P. Through Secretary Home At Lucknow .....Opposite Party(s) 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. 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 19.07.2024, thereafter the order passed by learned concerned court by way of taking cognizance of offence vide order on dated 23.10.2024, 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. September 4, 2025 Saif NA528 No. 24733 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad