HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 33973 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for the parties. 2. The instant application has been preferred with the prayer to set aside the order dated 14.09.2023 passed by learned Special Judge (Gangster Act)/Additional Sessions Judge, Court no. 10, Etawah, quash the charge sheet dated 29.10.2022 submitted by the Investigating Officer as well as entire proceedings of Special Sessions Trial i.e. CNR no. UPEW0100 (State of U.P. vs. Shiv Kishor Yadav and another) arising out of Case Crime no. 0030 of 2022 under Section 3(1) of U.P.Gangsters and Anti- Social Activities (Prevention) Act, 1986, PS- Chakar Nagar & District Etawah. 3. Learned counsel for applicants submitted that present FIR has been registered only under Section 3(1) Gangsters Act, 1986 without mentioning the corresponding section i.e. 2b, mentioning the anti-social activities in which the applicant is involved and on the basis of which he was named as gangster and charge sheet has been also submitted only under Section 3(1) Gangster Act and court concerned has also taken cognizance against the same section without mentioning the corresponding section. For substantiating his argument, learned counsel for applicant relied upon judgment rendered by Division Bench of this Court on dated 2.12.2023 passed in Crl. Misc. Writ Petition no. 18729 of 2023 (Asim @ Hassim vs. State of U.P. and another). 4. Per contra, learned AGA vehemently opposed the prayer as made in the Versus Counsel for Applicant(s) : Ajay Sengar Counsel for Opposite Party(s) : G.A. Brij Kishor Yadav And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s) application but could not dispute the aforesaid arguments. 5. After hearing rival submissions extended by learned counsel for the parties, this Court finds that in the present case, the impugned FIR was registered under Section 3(1) Gangsters Act, without mentioning the corresponding provision, mentioning the anti-social activities in which the accused is involved and on the basis of which he was named as gangster. A person cannot be punished without specifying the offence committed by him which would justify his classification as a Gangster and as such entire proceedings arising out of approval of the gang chart which culminated into preferring the charge sheet on dated 29.10.2022 thereafter the order passed by learned concerned court by way of taking cognizance on dated 14.09.2023 is hereby quashed and set aside. 6. However, the above mentioned order will not preclude the concerned authorities for re-initiation of the proceedings against applicants, if required further, in accordance with law. 7. The application stands allowed accordingly. September 8, 2025 Shaswat NA528 No. 33973 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad