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2025 DAILYLAW 95730 (ALL)

JITENDRA YADAV v. STATE OF U.P. AND ANOTHER

NA528/35425/2025 · 2025-09-22

Saurabh Srivastava

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 35425 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 05.01.2024 as well as impugned cognizance/summoning order dated 14.02.2024 and entire proceedings of Session Case no. 213 of 2024 (State Vs. Sunil Paswaan and others), arising out of Case Crime no. 683 of 2022, under Section 3(1) U.P. Gangster and Anti Social Activities (Prevention) Act, Police Station Ramgarh Taal, District Gorakhpur, pending in the court of learned Additional District & Sessions Judge/Special Judge P.C./UPSEB/ Gangster Act, Gorakhpur. 3. At the very outset, learned counsel for applicant has submitted that the instant proceeding of Case Crime no. 683 of 2022, which has already been challenged by other co-accused in shape of preferring Application U/s 528 BNSS No. 32578 of 2025 has already been considered by this Court after seeking proper instructions from learned AGA and the proceeding has already been quashed and the application aforementioned has been allowed and being the co-accused of the same case crime number, the applicant is seeking parity of the same order on the basis of same grounds. 4. Learned counsel for applicant has further submitted that procedure defines under Rule 5(3)(a) 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. 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 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 05.01.2024 thereafter the order passed by learned concerned court by way of taking cognizance of offence vide order on dated 14.02.2024, is hereby Versus Counsel for Applicant(s) : Amit Kumar Yadav, Karunesh Pratap Singh Counsel for Opposite Party(s) : G.A. Jitendra Yadav .....Applicant(s) State of U.P. and Another .....Opposite Party(s) quashed and set aside. 6. The application stands allowed accordingly. 7. 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 in future, strictly in accordance with law. September 23, 2025 #Vik/- NA528 No. 35425 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad