RONI ALIAS ROHIT AND ANOTHER v. STATE OF U.P. AND ANOTHER
NA528/30090/2025 · 2025-09-07
Saurabh Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 86609 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 86609 (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. - 30090 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J.
1. Heard learned counsel for applicants 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 30.11.2023, cognizance/summoning order dated 04.04.2025 and the entire proceedings of Session Case No.615 of 2025 (State vs. Jubair and Others) arising out of Case Crime no.117 of 2022, under Sections 2/3 U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station- Farah, District- Mathura, pending in the court of learned Additional Session Judge, Court No.5/Special Judge, Gangster Act, Mathura. 3. Vide earlier order dated 18.08.2025, 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 there is hardly any minutes of meeting while preparing the gang chart, which would go to show that joint meeting has ever been held between forwarding and approving authority and the signatures made by authorities concerned are also having different dates. 5. Learned counsel for applicants submitted that from the narrations available in the instructions itself, it appears that procedure defines under Versus Counsel for Applicant(s) : Devesh Kumar Sharma Counsel for Opposite Party(s) : G.A. Roni Alias Rohit And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
Rule 5(3)(a) 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. 6. 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 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 30.11.2023, thereafter the order passed by learned concerned court by way of taking cognizance of offence vide order on dated 04.04.2025, is hereby quashed and set aside. 7. The application stands allowed accordingly.
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 applicants herein, if required in future, strictly in accordance with law. September 8, 2025 Saif NA528 No. 30090 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad