AMAN YADAV ALIAS ANAM AND 3 OTHERSversusSTATE OF U.P. AND ANOTHER

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                 APPLICATION U/S 528 BNSS No. - 46733 of 2025

Aman Yadav Alias Anam And 3 Others
                                                           .....Applicant(s)
                                    Versus

State of U.P. and Another
                                                                .....Opposite
                                                                      Party(s)

Counsel for Applicant(s)                         :   Siddharth Rai
Counsel for Opposite Party(s)                    :   G.A.

Court No. - 80
                    HON'BLE CHAWAN PRAKASH, J.

1. Heard Sri Siddharth Rai, learned counsel for applicants 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 25.07.2024 as well as impugned cognizance
order dated 21.10.2024 and the entire proceedings of Special Session
Trial no. 140 of 2024 (State Vs. Ramchandar Yadav @ Maiku and 16
others), arising out of Case Crime no. 357 of 2023, under Section 3(1)
U.P. Gangster and Anti Social Activities (Prevention) Act, Police Station
Rani Ki Sarai, District Azamgarh, pending in the court of learned
Additional District and Sessions Judge/Special Judge, Gangster Act,
Court No.6, Azamgarh.

3. Vide earlier order dated 06.01.2025, this Court granted time to learned
AGA to obtain instructions.

4. Today, when the matter was taken up, learned AGA came up with
specific instructions which was provided by concerned authorities to him
through which, it is apparent that no minutes of meeting related to the
present matter, is available with the concerned authorities since at that
time, minutes of meeting was not prepared and the same was started from
30.04.2024. The said instructions are taken on record.

5. Learned counsel for applicant submitted that from the narrations
available in the instructions itself, appears that procedure defines under
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                                    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.

                                    6. The argument raised by learned Senior Advocate appearing on behalf
                                    of applicant seems to be justified since the said procedure which is
                                    mandated on the part of the approving 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
                                    25.07.2024 thereafter the order passed by learned concerned court by way
                                    of taking cognizance of offence vide order on dated 21.10.2024, is hereby
                                    quashed and set aside.

                                    7. The application stands allowed accordingly.

                                    8. 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.



                                                                                          (Chawan Prakash,J.)
                                    March 19, 2026
                                    Md Faisal




Digitally signed by :-
MOHD FAISAL
High Court of Judicature at Allahabad