HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 31582 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 07.09.2024, cognizance/summoning order dated 26.09.2024 and the entire proceedings of Gangster Session Trial No.937 of 2024, 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- Lalpur/Pandepur, District- Varanasi, pending in the court of learned Additional Session Judge, Court No.13/Special Judge, Gangster Act, Varanasi. 3. Vide earlier order dated 25.08.2025, 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) : Devesh Kumar Shukla, Dharmesh Kumar Shukla Counsel for Opposite Party(s) : G.A. Pappu Singh .....Applicant(s) State Of U.P. And Another .....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. It is also submitted by learned counsel for applicant that present FIR has been registered only under Section 3(1) Gangsters Act, without mentioning the corresponding section i.e. 2b of Gangster Act, mentioning the anti-social activities in which the applicant is involved and on the basis of which he was named as gangster. 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 07.09.2024, thereafter the order passed by learned concerned court by way of taking cognizance of offence vide order on dated 26.09.2024, is hereby quashed and set aside. 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. 31582 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad