Neutral Citation No. - 2025:AHC:136856 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 29447 of 2025 Applicant :- Sanjay Ojha Alias Sanjay Sharma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pandey Balkrishna 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 entire proceeding along with charge sheet dated 22.12.2023 numbered as 565/2023 in Special Case no. 330 of 2024 (State vs. Bhupendra and others) including the impugned cognizance and summoning order dated 08.01.2024 arising out of Case Crime no. 114 of 2023, under Sections 2/3 U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, PS- Dibai, District Bulandshahar, pending in court of Special Judge (Gangster Act)/Additional Sessions Judge, Court no. 8, Bulandshahar with respect to accused-applicant. 3. Learned counsel for applicant submitted that procedure defined under Rule 5(3)(a) of Gangster Rules, 2021 has not been followed at the time of forwarding and approving the gang-chart. The approval of gang-chart which is appended along with application is available at page no. 49, wherein the different dates have been mentioned by the different authorities and as such, entire proceedings of the present case may be set aside. 4. Although the instructions with regard to joint meeting has been brought by learned AGA in the matter of co-accused, namely, Bhupendra Kumar and Bablu @ Lokesh @ Badalua, wherein it is clear that no joint meeting has been held in the present matter by the authorities concerned. 5. After hearing rival submissions extended by learned counsel for the parties, 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 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 22.12.2023 thereafter the order passed by learned concerned court by way of taking cognizance of offence vide order on dated 08.01.2024, is hereby quashed and set aside only in respect of applicant herein. 6. The application stands allowed accordingly. 7. 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 :- 12.8.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad