UMESH ALIAS RAMESH ALIAS CHOTU v. STATE OF U.P. AND ANOTHER
NA528/33336/2025 · 2025-09-16
Saurabh Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 86134 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 86134 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 33336 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J.
1. Heard learned counsel for the parties. 2. Present application has been preferred with prayer to quash entire proceeding in Sessions Case no. 1485 of 2024 (State vs. Sachin and others) under Section 2/3 of U.P.Gangster and Anti-Social Activities Act, in view of summoning order dated 7.2.2025 arising out of Case Crime no. 501 of 2023, PS- Khekra, District Baghpat. 3. On previous occasion, time was extended in favour of learned AGA for seeking instructions in the matter in respect of compliance of Rule 24 of U.P.Gangster Rules, 2021. 4. Today, although instructions have been received in respect of compliance of Rule 24 of Gangster Rules, 2021 but it is apparent from the record itself that the FIR has already been lodged by way of implicating applicant on dated 11.12.2023, charge sheet has been submitted on 19.01.2025, so far as application of Rule 24 of U.P.Gangster Rules, 2021 is concerned, the same is reproduced hereinbelow:
"Rule 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."
5. By bare perusal of the mandatory provisions available in the Rule 24, it Versus Counsel for Applicant(s) : Sachin Malik Counsel for Opposite Party(s) : G.A. Umesh Alias Ramesh Alias Chotu .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
is crystal clear that no charge sheet can be preferred after expiry of one year from the day of institution of a case against any implicated person as accused under provisions of U.P.Gangster Act, 1986. In the instant matter, there is hardly any dispute in respect of dates on which the FIR has been instituted and thereafter the charge sheet has been preferred which is more than after an year and as such grounds taken up by learned counsel for the applicant is squarely covered under Rule 24 of Rules of
2021. 6. In view of aforesaid facts and circumstances, entire proceeding arising out of Sessions Case no.
1485 of 2024 (State vs. Sachin and others) under Section 2/3 of U.P.Gangster and Anti-Social Activities Act in Case Crime no. 501 of 2023, PS- Khekra, District Baghpat is hereby set aside. 7. However, this order will not preclude the authorities concerned for initiating proceeding afresh, if required, against the applicant in the strict compliance of the provisions as mandated through statutes. 8. The instant application u/s 528 BNSS stands allowed accordingly. September 17, 2025 Shaswat NA528 No. 33336 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad