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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 36221 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J.
1. Heard learned counsel for applicants and learned A.G.A. for State. 2. The instant application has been preferred for quashing the charge-sheet dated 07.11.2023, cognizance/summoning order dated 04.03.2025 and the entire proceedings of Special Session Trial No.50 of 2025 (State vs. Niranjan Ram and Others) arising out of Case Crime No.252 of 2022, under section 3(1) of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, P.S. Maharajganj, District- Azamgarh, pending before learned court of Additional District & Session Judge/Special Judge (Gangster Act), Court No.6, Azamgarh. 3. At the very outset, learned counsel for applicants submitted that in the instant matter the F.I.R. has been lodged on dated 01.07.2022 being Case Crime No.252 of 2022 and as such the investigation has been initiated on dated 01.07.2022 and concluded with the submission of police report/charge-sheet on dated 07.11.2023, i.e., after a lapse of near about one year and four months, which is clear violation of Rule 24 of U.P. Gangster and Anti-Social Activities (Prevention) Rules, 2021. For ready reference, Rule 24 of U.P. Gangster Rules, 2021 is reproduced herein under :-
"24. Expeditious Investigation. - (1) The investigation of any offence under the Act shall, as far as possible, be completed within six months. (2) In unavoidable circumstances, after the approval of the district police in-charge, a maximum extension of three months can be provided. (3) In no case, can the investigation be extended for more than one year."
4. Per contra, learned A.G.A. vehemently opposed the prayer as made in the application, but did not dispute the submission and the provisions as mentioned by learned counsel for applicants. Versus Counsel for Applicant(s) : Janardan Yadav, Manikant Yadav Counsel for Opposite Party(s) : G.A. Niranjan Ram And 6 Others .....Applicant(s) State of U.P. .....Opposite Party(s)
5. After hearing rival submissions extended by learned counsel for the parties, the arguments made as well as the provisions under Rule 24 of Gangster Rules, 2021 highlighted by learned counsel for applicants seems to be justified. 6.
In view of aforementioned facts and circumstances, entire proceedings initiated against the applicants in shape of Special Session Trial No.50 of 2025 (State vs. Niranjan Ram and Others) arising out of Case Crime No.252 of 2022, under section 3(1) of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, P.S. Maharajganj, District- Azamgarh, pending before learned court of Additional District & Session Judge/Special Judge (Gangster Act), Court No.6, Azamgarh, including charge-sheet dated 07.11.2023 and cognizance/summoning order dated 04.03.2025, are hereby quashed and set-aside. 7. The instant application stands allowed accordingly. September 19, 2025 Saif NA528 No. 36221 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad