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2025 DAILYLAW 81944 (ALL)

SAKIR v. STATE OF U.P. AND ANOTHER

A482/24912/2024 · 2025-08-17

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:141671 Court No. - 77 Case :- APPLICATION U/S 482 No. - 24912 of 2024 Applicant :- Sakir Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vikas Srivastava Counsel for Opposite Party :- G.A. 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 proceeding of Criminal Case no. S.T. no. 948 of 2022, Case Crime no. 286 of 2022, under Section 3(1) of U.P.Gangster and Anti-social Activities (Prevention) Act, PS- Nakhasa, District Sambhal, and charge sheet dated 04.11.2022 in Case Crime no. 286 of 2022 under Section 3(1) of U.P.Gangster and Anti-social Activities (Prevention) Act as well as gang chart which has been forwarded and approved by the District Magistrate, Nodal Officer simply signed pre-typed satisfaction which is prohibited under Rule 17, Rule 2 of Gangster Rules, 2021 and not only gang-chart but consequential proceeding which is also bad in eyes of law. 3. Learned counsel for applicant submitted that procedure defined under Rule 5(3)(a) and 17 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. 4. Per contra, learned AGA opposed the grounds taken up by learned counsel for applicant through counter affidavit specifically under paras of the counter affidavit but no substantial proof has been appended at the time of filing counter affidavit. 5. The argument raised by learned counsel for applicant seems to be justified since by bare perusal of the gang-chart, it transpires that the same has been prepared in violation of Rule 5(3)(a) as well as Rule 17(2) of the Gangster Rules, 2021 and the date has been mentioned only by approving authority and there is no date mentioned by the forwarding authority in shape of Superintendent of Police, District Sambhal and as such, entire proceedings arising out of approval of the gang chart which culminated into preferring the charge sheet on dated 04.11.2022, is hereby quashed and set aside only in respect of applicant herein. 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 in future, strictly in accordance with law. Order Date :- 18.8.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad