Hemant Kumar Alias Raju vs State of U.P. and Another

Neutral Citation No. - 2025:AHC:86016

Court No. - 74

Case :- APPLICATION U/S 482 No. - 27524 of 2024

Applicant :- Hemant Kumar Alias Raju Opposite Party :- State of U.P. and Another Counsel for Applicant :- Adil Jamal,Shabeh Jamal Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Srivastava,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State.

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The instant application has been preferred with the prayer to quash the charge-sheet no.703 of 2023 dated 31.12.2023 along with cognizance order dated 30.01.2024 and the entire proceeding of Special Session Trial No.05 of 2024 (State vs. Mohit and Others) arising out of Case Crime No.237 of 2023, under sections 2/3 U.P. Gangster and Anti-Social Activities (Prevention) Act, P.S. Baraut, District- Baghpat, pending in the court of learned Additional District and Session Judge, F.T.C.-I, Baghpat only in respect of applicant herein.

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In spite of earlier order, no specific instructions with regard to minutes of meeting have been received by learned A.G.A., hence there is no option left, but to consider the matter on the records available in this application.

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Precise grounds for challenging the entire proceedings after taking cognizance by learned court concerned is that there is hardly any compliance of Rule 5 of Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Rules, 2021, which clearly demonstrates that the gang chart will not be approved summarily, but after due discussion in a joint meeting of the Commissioner of Police/District Magistrate/Senior Superintendent of Police/Superintendent of Police, which has already been prepared by concerned In-charge of Police Station/Station House Officer/Inspector, who present the same before Additional Superintendent of Police and after seeking his due recommendation, the same has been present before the District Head of Police and thereafter the same was to be approved in joint meeting with the authorities who are mentioned under Rule 5, who recommended the same and thereafter at the time of approval, the

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same has to be jointly finally approved. The approval which is appended along with application is available at page no.76, wherein the different dates have been mentioned by the different authorities which is strictly in terms of provision available under Rule 5, but there is hardly any compliance in respect of Rule 5(3) (a) of Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Rules, 2021.

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Learned counsel for the applicant specifically submitted that although the gang chart prepared by concerned Officer was duly recommended but at the time of approving the same there must be a joint meeting as mentioned in the Rule 5(3)(a) and the same has never been disclosed or mentioned at the time of approving the gang chart by concerned District Magistrate/Commissioner of Police.

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Per contra, learned A.G.A. vehemently opposed the prayer as made in the application and rebutted the stand taken up by learned counsel for the applicant by way of taking reliance of Rule 16(2) of Rules of 2021, wherein there is hardly any mention of joint meeting, which shall be conducted at the time of approving gang chart by concerned Commissioner of Police/District Magistrate.

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Learned A.G.A. further submitted that the specific wording is also mentioned under Rule 16(2) of Rules of 2021, which are as under :

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"I have duly perused the gang-chart and attached forms and I am fully satisfied that all the particulars mentioned in the case are correct and there is a satisfactory basis for taking action under the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act 1986. Accordingly, approved."

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The above mentioned proforma mentioned under Rule 16(2) of Rules of 2021 itself denotes that there is hardly any necessity for holding joint meeting of the forwarding authority and the approving authority of the gang chart.

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After hearing rival submissions extended by learned counsel for the parties, this Court finds that the rules are crystal clear at the initial stage which is mentioned under Rule 5(3)(a) of the Rules of 2021 for holding joint meeting of the authorities concerned which includes the presenting officer, forwarding officer and thereafter the discussion shall be made with the approving authority. The rules mentioned below to Rule 5 of the Rules of 2021 although clarified the wording and the orders which ought to be passed by

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the approving authority, but the missing of joint meeting/discussion is not necessarily to be reproduced time and again since the legislature and law makers are conscious not to repeat the procedure in each and every rules/sections in the concerned Act/Rules, since the study of the sections available in the rules framed under the Act has to be read in a procedural manner, where it is written in subsequential order and as such the provision contained under the Rule 5(3)(a) of Rules of 2021 has to be given preference while reading other rules which are mentioned below to Rule 5 of the Rules of 2021 and as such the specific provision for holding joint meeting is mandatory on the part of all the officers who are involved in forwarding the gang chart and finally it is incumbent upon the approving authority to hold meeting under Section 5(3)(a) of the Rules of 2021. 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 31.12.2023, thereafter the order passed by learned concerned court by way of taking cognizance of offence against the applicant on dated 30.01.2024 is hereby quashed and set-aside.

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However, the above mentioned order will not preclude reinitiation of the proceedings as mentioned in Rule 5(3)(a) of the Rules of 2021 to the authorities concerned, if required further.

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The application stands allowed accordingly.

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Order Date :- 21.5.2025 Saif

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Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad

Hemant Kumar Alias Raju v. State of U.P. and Another

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