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2025 DAILYLAW 88406 (ALL)

RAM AVADH KEVAT v. STATE OF U.P.

NA528/31087/2025 · 2025-09-07

Saurabh Srivastava

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 31087 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 31.08.2023, cognizance/summoning order dated 08.09.2023 and the entire proceedings of S.S.T. No.76 of 2023 (State vs. Pramod Tiwari and Others) arising out of Case Crime no.46 of 2023, under Section 3(1) U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station- Kaptanganj, District- Azamgarh, pending in the court of learned Additional District and Session Judge/Special Judge, Gangster Act, Court No.6, Azamgarh. 3. Vide earlier order dated 22.08.2025, 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 dates mentioned in the gang chart by forwarding and approving authority are also different. 5. Learned counsel for applicant submitted that from the narrations available in the instructions itself, it appears that procedure defines under Rule 5(3)(a) Versus Counsel for Applicant(s) : Antima Rajbhar, Hari Prakash Tiwari Counsel for Opposite Party(s) : G.A. Ram Avadh Kevat .....Applicant(s) State of U.P. .....Opposite Party(s) 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 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 31.08.2023, thereafter the order passed by learned concerned court by way of taking cognizance of offence vide order on dated 08.09.2023, 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 applicant herein, if required in future, strictly in accordance with law. September 8, 2025 Saif NA528 No. 31087 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad