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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 25283 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J.
1. Heard learned counsel for applicant and learned A.G.A. for State. 2. The instant application has been preferred for quashing the charge-sheet dated 31.01.2025, cognizance/summoning order dated 20.03.2025 and the entire proceedings of Session Case No.356 of 2025 (State vs. Awdhesh Chauhan) arising out of Case Crime No.49 of 2024, under section 3(1) of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, P.S. Baburi, District- Chandauli, pending before learned court of Additional Session Judge, Fast Track Court, Chandauli. 3. At the very outset, learned counsel for applicant submitted that in the instant matter being Case Crime No.49 of 2024, the investigation has been initiated on dated 08.05.2024 and concluded with the submission of charge- sheet on dated 31.01.2025, i.e., after a lapse of 8 months and 23 days, which is clear violation of Rule 24(1) of U.P. Gangster and Anti-Social Activities (Prevention) Rules, 2021. For ready reference, Rule 24 of U.P. Gangster Rules, 2021 is reproduced herein under :-
"24. Expeditious Investigation. - (1) The investigation of any offence under the Act shall, as far as possible, be completed within six months. (2) In unavoidable circumstances, after the approval of the district police in-charge, a maximum extension of three months can be provided. (3) In no case, can the investigation be extended for more than one year."
4. Per contra, learned A.G.A. vehemently opposed the prayer as made in the application, but did not dispute the submission and the provisions as Versus Counsel for Applicant(s) : Aditya Vishal Chaurasia, Rakesh Yadav Counsel for Opposite Party(s) : G.A. Awdhesh Chauhan .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
mentioned by learned counsel for applicant. 5. After hearing rival submissions extended by learned counsel for the parties, the arguments made as well as the provisions highlighted by learned counsel for applicant seems to be justified. 6.
In view of aforementioned facts and circumstances, entire proceedings initiated against the applicant in shape of Session Case No.356 of 2025 (State vs. Awdhesh Chauhan) arising out of Case Crime No.49 of 2024, under section 3(1) of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, P.S. Baburi, District- Chandauli, pending before learned court of Additional Session Judge, Fast Track Court, Chandauli, including charge- sheet dated 31.01.2025 and cognizance/summoning order dated 20.03.2025, are hereby quashed and set-aside. 7. The instant application stands allowed accordingly. September 8, 2025 Saif NA528 No. 25283 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad