HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 31532 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 04.09.2024, cognizance/summoning order dated 05.09.2024 and the entire proceedings of Special Session Trial no. 111 of 2024 (State vs. Shivsingar Chauhan @ Ramsingar Chauhan and 5 Others) arising out of Case Crime no. 526 of 2023, under Section 3(1) U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station- Jiyanpur, District- Azamgarh, pending in the court of learned Additional District and Session Judge/Special Judge, Gangster Act, Azamgarh. 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 there is hardly any minutes of meeting held jointly between the forwarding and approving authority and the dates of signature of authorities concerned mentioned over the gang-chart are also different, which is clear violation of Rule 5(3)(a) of U.P. Gangster Rules, 2021. 5. Learned counsel for applicants submitted that from the narrations available in the instructions itself, appears that procedure defines under Rule Versus Counsel for Applicant(s) : Janardan Yadav Counsel for Opposite Party(s) : G.A. Pankaj Yadav And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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. It is further submitted that there is also clear violation of Rule 24 of U.P. Gangster and Anti-Social Activities (Prevention) Rules, 2021, because there is span of more than one year between the initiation of F.I.R. (02.08.2023) and submission of charge-sheet (04.09.2024). For ready reference, Rule 24 of U.P. Gangster Rules, 2021 is reproduced herein under :- 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. 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 there is also clear violation of Rule 24 of U.P. Gangster Rules, 2021 and as such, entire proceedings arising out of approval of the gang chart which culminated into preferring the charge sheet on dated 04.09.2024, thereafter the order passed by learned concerned court by way of taking cognizance of offence vide order on dated 05.09.2024, 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 applicants herein, if required in future, strictly in accordance with law. September 8, 2025 Saif NA528 No. 31532 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad