HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 32768 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard Sri Mukul Kumar Mishra, learned counsel appearing on behalf of applicant and learned A.G.A. for the State. 2. The instant application has been preferred with the prayer to quash the entire proceedings of S.S.T. No. 21 of 2022 (State of U.P. Vs. Shiv Shankar and One Other) arising out of Case Crime No. 02 of 2021, under Section 3(1) of the Uttar Pradesh Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station-Bardah, District Azamgarh pending before the learned Additional Session Judge/Special Judge Gangster Act, Court No. 6, Azamgarh. 3. Learned counsel for the applicant submitted that cause of action for filing the instant application arises, once the prosecution witnesses are not turning up before learned court concerned for recording their statement as well as for putting themselves to be examined by learned court concerned. Illegality persist in proceeding, which culminated into trial that as per the Government Notification issued by the Director General of Police on dated 06.05.2018, it is the strict and clearcut guidelines for conducting investigations in the matters wherein specific F.I.R. has been lodged under the implication of any person in Gangster Act and it is specifically provided that the inquiry so conducted by another investigating officer, who does not belong to the same police station where the F.I.R. has been lodged. Versus Counsel for Applicant(s) : Amar Kumar Verma, Mukul Kumar Mishra, Umakant Chaudhary Counsel for Opposite Party(s) : G.A. Chandan Mali .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 4. Learned counsel for the applicant submitted that in the instant matter inquiry has been conducted by concerned police authority, who belongs to the same police station and as such the charge-sheet is liable to be quashed. 5. On specific query what restrained the applicant for not raising the instant issue, once it was almost in the knowledge of the applicant that concerned Investigating Officer belongs to the same police station since at the time of lodging the F.I.R. itself. Learned counsel for the applicant responded that this vital argument was kept reserved with the applicant at the time of examination of the witnesses wherein the Investigating Officer was to appear before learned court concerned for examination by the applicant/learned counsel for defence but the same position has not been arrived for the last near about four years, which is apparent from the order-sheet and the bailable warrants have already been issued upon the prosecution witnesses. 6. Reply as submitted by learned counsel for the applicant seems to be justified for raising issue by way of challenging the veracity of the charge-sheet through the instant application. Rests of the other grounds are also convincing for seeking interference of this court. 7. Per contra, learned A.G.A. however vehemently opposed the prayer made in the instant application and the stand taken up by learned counsel for the applicant but did not disputed the guidelines issued by the Director General of Police, Uttar Pradesh through letter dated 06.05.2018 in which it is crystal clear mentioned that the Investigating Officer in the matter of gangster proceedings must not be from the same police station where the F.I.R. has been lodged but in the instant matter the police officer is clearly belonging to the same police station where the F.I.R. has been lodged against the applicant. 8. In view of the aforementioned facts and circumstances, in the instant matter there is crystal clear violation of the guidelines as prescribed through letter dated 06.05.2018 issued by head of the police department i.e. Director General of Police, Uttar Pradesh and as such charge-sheet preferred at the behest of same police officer who belongs to the same NA528 No. 32768 of 2025 2 police station where the F.I.R. has been lodged against the applicant deserves to be set aside. 9. Hence, charge-sheet dated 02.03.2022 is hereby set aside along with consequential proceeding thereupon are also liable to be quashed. 10. The instant application stands allowed. October 6, 2025 Vibha Singh NA528 No. 32768 of 2025 3 (Saurabh Srivastava,J.) Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad