Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 33388 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 entire proceeding of Special Session Trial no. 30 of 2023 in pursuance of Case Crime no. 142 of 2022 under Section 3(1) of U.P.Gangster & Anti- Social Activities (Prevention) Act, 1986, PS- Hazaratnagar Garhi, District Sambhal as well as charge sheet dated 18.12.2022 and cognizance order dated 02.05.2023 along with gang chart dated 04.07.2022.
3. On previous occasion, when the matter was taken up on dated 03.09.2025, learned AGA was extended time for seeking instructions in the matter.
4. Today, when the matter has been taken up, it has been apprised by learned AGA through instructions that no document is available in respect of holding joint meeting by competent authority in shape of forwarding and approving authority.
5. 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 in pursuance to Rule 5(3)(a) and 16 of Gangster Rules, 2021, 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 18.12.2022 thereafter the order passed by learned concerned court by way of taking cognizance of offence vide order on dated 02.05.2023, is hereby quashed and set aside only in respect of Versus Counsel for Applicant(s) : Chandan Srivastava, Vikas Srivastava Counsel for Opposite Party(s) : G.A. Rahabar .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
applicant herein.
6. The application stands allowed accordingly.
7. However, the above mentioned order will not preclude the concerned authorities for re-initiation of the proceedings against applicant herein, if required, strictly in accordance with law. September 17, 2025 Shaswat NA528 No. 33388 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad