AJAM ALIAS MOHD AJAM v. STATE OF U.P. AND 4 OTHERS
NA528/25660/2025 · 2025-08-04
Saurabh Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 76439 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 76439 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:131718 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 25660 of 2025 Applicant :- Ajam Alias Mohd Ajam Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Mohd Harish Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J.
1. Heard Mohd Harish, 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 Special Session Trial no. 9 of 2020 (State vs. Ajam and others) under Section 2/3 U.P.Gangster and Anti-Social Activities (Prevention) Act, 1986, arising out of Case Crime no. 33 of 2019, PS- Kokhraj District Kaushambi, charge sheet no. 01 of 2019 dated 29.11.2019 summoning order dated 20.02.2020 passed by Additional District & Sessions Judge/Special Judge (Gangster Act) Court no. 5, District Kaushambi as well as order dated 31.03.2021 passed by Additional District & Sessions Judge/FTC II, Kaushambi.
3. On previous occasion, when the matter was taken up on dated 22.07.2025, below mentioned order has been passed by this Court :
" Learned AGA prays and granted 10 days time for seeking instructions with respect of minutes of joint meeting, if any, available. Put up as fresh on 05.08.2025."
4. Today, when the matter has been taken up again, it has been apprised by learned AGA through instructions that no document is available in respect of holding joint meeting by competent authority in shape of forwarding and approving authority.
5. 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 in pursuance to Rule 5(3)(a) and 16 of Gangster Rules, 2021, 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 29.11.2019 thereafter the
order passed by learned concerned court by way of taking cognizance of offence vide order on dated 20.02.2020, is hereby quashed and set aside only in respect of applicant namely Ajam Alias Mohd Ajam.
6. The application stands allowed accordingly.
7. However, the above mentioned order will not preclude the concerned authorities for re-initiation of the proceedings against applicant herein, if required, strictly in accordance with law.
Order Date :- 5.8.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad