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2025 DAILYLAW 81754 (ALL)

MOHD. TALIB v. STATE OF U.P. AND ANOTHER

NA528/29317/2025 · 2025-09-16

Saurabh Srivastava

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 29317 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 dated 18.02.2024 as well as impugned cognizance/summoning order dated 05.10.2024 and entire proceedings of Special Trial no. 32 of 2024 (State Vs. Mohd. Talib and others), arising out of Case Crime no. 335 of 2023, under Section 3(1) U.P. Gangster and Anti Social Activities (Prevention) Act, Police Station Kotwali, District Jaunpur, pending in the court of learned Special Judge, Gangster Act, Jaunpur. 3. Vide earlier order dated 11.08.2025, 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 since at that time, minutes of meeting was not prepared and the same was started from 07.09.2024. The said instructions are taken on record. 5. Learned counsel for applicant has 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) : Aushim Luthra, Irshad Husain Counsel for Opposite Party(s) : G.A. Mohd. Talib .....Applicant(s) State of U.P. and Another .....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 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 18.02.2024 thereafter the order passed by learned concerned court by way of taking cognizance of offence vide order on dated 05.10.2024, 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 applicant herein, if required in future, strictly in accordance with law. September 17, 2025 Vivek Kr. NA528 No. 29317 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad