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2025 DAILYLAW 90843 (ALL)

SAMIR KHAN v. STATE OF U.P. AND ANOTHER

NA528/33117/2025 · 2025-09-07

Saurabh Srivastava

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 33117 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 30.11.2023, cognizance/summoning order dated 04.04.2025 and the entire proceedings of Session Case No.615 of 2025 (State vs. Jubair and Others) arising out of Case Crime no.117 of 2022, under Sections 2/3 U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station- Farah, District- Mathura, pending in the court of learned Additional Session Judge, Court No.5/Special Judge, Gangster Act, Mathura. 3. Vide earlier order dated 18.08.2025 passed in connected matter, 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 while preparing the gang chart, which would go to show that joint meeting has ever been held between forwarding and approving authority and the signatures made by authorities concerned are also having different dates. 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) : Jigyasha Tripathi, Surendra Kumar Tripathi Counsel for Opposite Party(s) : G.A. Samir Khan .....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. 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 30.11.2023, thereafter the order passed by learned concerned court by way of taking cognizance of offence vide order on dated 04.04.2025, is hereby quashed and set aside. 7. 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. 33117 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad