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2025 DAILYLAW 94795 (ALL)

RASIDA BANO v. STATE OF U.P. AND ANOTHER

NA528/34876/2025 · 2025-09-17

Saurabh Srivastava

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 34876 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 quash the charge sheet no. A-71 of 2025 dated 01.03.2025 along with cognizance/summoning order dated 01.04.2025 and the entire proceedings of Special Session Trial no.127 of 2025 (State vs. Imtiyaz and Others) arising out of Case Crime No.465 of 2024, under Sections 2(kha)17, 3(1) U.P. Gangster and Anti Social Activities (Prevention) Act, Police Station- Jahanaganj, District- Azamgarh, pending in the court of learned Additional District and Session Judge/Special Judge, Gangster Act, Court No.6, Azamgarh. 3. At the very outset, learned counsel for applicant has challenged the entire proceedings on specific ground that there is hardly any minutes of meeting, if held jointly, in between forwarding authority and approving authority, which is clear violation of Rule 5(3)(a) of U.P. Gangster Rules, 2021. 4. Per contra, learned A.G.A. vehemently opposed the prayer as made in the application and sought the attention of this Court over the gang chart preferred by concerned authority, which has been annexed as Annexure No.3 to the affidavit, wherein it is crystal clearly shows that approval of the gang chart is in consonance with Rule 5(3)(a) of U.P. Gangster Rules, 2021 as there is joint meeting held between the forwarding authority and approving authority and dates of signature as mentioned over the gang chart by forwarding and approving authority are also same. Versus Counsel for Applicant(s) : Jitendra Singh Counsel for Opposite Party(s) : G.A. Rasida Bano .....Applicant(s) State Of U.P. And Another .....Opposite Party(s) 5. After hearing the rival submissions extended by learned counsel for the parties, the argument raised by learned A.G.A. seems to be justified since the said procedure which is mandated on the part of the approving authority as well as forwarding authority is establish in the instant matter and as such, the instant application lacks merit. 6. The application stands dismissed accordingly. September 18, 2025 Saif NA528 No. 34876 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad