Neutral Citation No. - 2025:AHC:48981 Court No. - 74 Case :- APPLICATION U/S 482 No. - 27712 of 2024 Applicant :- Haji Mohd Wasi Khan @ Wasi Builder Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd. Afzal,Shivangi Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Ms. Shivangi Singh, learned counsel for applicant and learned AGA for the State-respondent. 2. The present petition has been preferred for seeking quashing of the chargesheet dated 05.05.2023 as well as cognizance and summoning order dated 26.05.2023 passed in Session Case No.647 of 2023 (State Vs. Haji Mohd. Wasi Khan @ Wasi Builders and others), arising out of Case Crime No.53 of 2022, under Section 3(1) of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, P.S. Bekanganj, Kanpur Nagar along with entire criminal proceedings of the said case, pending in the court of learned Special Judge Gangster Act/Additional Session Judge, Court No.5, Kanpur Nagar. 3. Brief facts of the present case are that on dated 28.07.2022, an FIR was lodged by informant against applicant and three other named accused persons bearing Case Crime No.53 of 2022, under Section 3(1) of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 showing several cases against applicant and gang chart was prepared which was approved by Police Commissioner, Kanpur Nagar on 28.07.2022. After conducting inquiry in Case Crime No.53 of 2022, concerned Investigating Officer submitted chargesheet on 05.05.2023 whereupon learned court concerned took cognizance of offence vide order dated 26.05.2023 which impugned the present application. 4. Learned counsel for applicant challenged the entire proceedings of the present case on the ground that there is hardly any compliance of Rule 5 of Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Rules, 2021 which clearly demonstrate that the gang chart will not be approved summarily but after due discussion in a joint meeting of the Commissioner of Police/District Magistrate/Senior Superintendent of Police/Superintendent of Police which has already been prepared by concerned In-charge of Police Station/Station House Officer/Inspector who present it before Additional Superintendent of Police and after seeking his due recommendation, the same has to present before the District Head of Police and thereafter the same was to be approved in joint meeting with the authorities who are mentioned under Rule 5 who recommended the same and thereafter at the time of approval, the same has to be jointly finally approved. Learned counsel for applicant further submitted that gang chart showed only a date mentioned on the signature of Police Commissioner, Commissionerate Kanpur Nagar and no date for approval and recommendation of competent officers is mentioned on the gang chart and as such, there is complete violation of Rule 5(3)(a) of the Rules, 2021. 5. Per contra, learned AGA vehemently opposed the prayer sought through the instant applicant and rebutted the stands taken up by learned counsel for applicant on the ground that while making recommendation and approving the gang chart with regard to initiate proceedings against applicant in pursuance of Gangster Act, all the concerned authorities have applied independent application of mind. 6. After having the rival contentions of learned counsel for parties, the Court notes that at the stage of approving the gang-chart on the basis of materials placed, the competent Authority should satisfy himself that a case for prosecution under the Act of 1986 is made out. Collection of further materials to prosecute follows at a later stage when after registration of the case, investigation commences. At the stage of approval of the gang-chart, the approving Authority has to be convinced that a case for investigation under the Act of 1986 is made out. By bare perusal of the gang-chart which shows due diligence and independent application of mind by both the recommending and approving Authorities and as such, it cannot be said that there is violation of Rule 5(3)(a) of Rules, 2021. 7. While raising arguments for challenging the sanctity and legality of gang chart which has been duly approved and after having recommendation made by forwarding authorities, learned counsel for applicant relied upon order dated 30.07.2021 passed by Division Bench of this Court at Lucknow Bench passed in Misc. Bench No.15900 of 2021 (Career Convent Educational & Charitable Trust Thru Trustee and State of U.P. and others), wherein only an assurance has been recorded made at the behest of learned Additional Advocate General that no further proceedings shall be initiated against petitioner in pursuance of impugned order dated 26.07.2021 passed by respondent no.4 i.e. Commissioner of Police, Lucknow Police Commissionerate till the next date of listing. 8. The said order passed by Division Bench, is not on adjudication of merit of the matter but at the instance of assurance made by learned Additional Advocate General, moreover the outcome of Misc. Bench No.15900 of 2021 is also missing from the pleadings of the instant application since the next date fixed in that matter, was 11.08.2021. Needless to say that we are sitting in the month of April, 2025 and unaware about the proceedings/outcome of Misc. Bench No.15900 of 2021 whereupon, learned counsel for applicant submitted that the said matter is still subjudice before Division Bench of this Court at Lucknow Bench and as such, the reliance/dictum is not in nature to follow the same in the instant matter. 9. In view of the aforesaid discussions, the present applicant is devoid of merit and is hereby dismissed. Order Date :- 5.4.2025 Vivek Kr. . Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad