Rajesh Kumar Yadav and Another Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Rajesh Kumar Yadav and Another Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Charge sheet dated 16.03.2024, cognizance order dated 23.04.2024 and the entire proceedings of Session Case no. 302 of 2024 (arising out of Case Crime no.105 of 2023, Police Station Ghorawal, District Sonbhadra) quashed and set aside, with liberty to the concerned authorities to re-initiate proceedings strictly in accordance with law.

Issue for consideration

Whether the entire proceedings arising out of the approval of the gang chart, including the charge sheet dated 16.03.2024 and the cognizance order dated 23.04.2024 in Session Case no. 302 of 2024, are liable to be quashed on the ground that the procedure under Rule 5(3)(a) of Gangster Rules, 2021 was not followed at the time of forwarding and approving the gang-chart.

Court's answer

The procedure mandated on the forwarding authority and the approving authority under Rule 5(3)(a) of Gangster Rules, 2021 was missing, hence the entire proceedings arising out of the approval of the gang chart, culminating in the charge sheet dated 16.03.2024 and the cognizance order dated 23.04.2024, are quashed and set aside.

Ratio / Principle

The application under Section 482 is allowed.

Key takeaways

The quashing will not preclude the concerned authorities from re-initiating proceedings against the applicants in future, strictly in accordance with law.ratio¶13

Detailed headnote1 paragraphs

Quashing of gang-chart prosecution - U.P. Gangster and Anti Social Activities (Prevention) Act - Rule 5(3)(a) of Gangster Rules, 2021 - procedure requiring minutes of joint meeting of forwarding authority and approving authority - AGA's instructions disclosed that no minutes of meeting were prepared - Court holds the mandated procedure missing and quashes the entire proceedings arising out of approval of the gang chart, namely the charge sheet dated 16.03.2024 and the cognizance order dated 23.04.2024 in Session Case no. 302 of 2024 (State vs. Ganesh Pratap Singh and Others), arising out of Case Crime no.105 of 2023, Police Station Ghorawal, District Sonbhadra - application U/S 482 allowed - order will not preclude re-initiation of proceedings strictly in accordance with law.

Neutral Citation No. - 2025:AHC:142537

Court No. - 77

Case :- APPLICATION U/S 482 No. - 37318 of 2024

Applicant :- Rajesh Kumar Yadav And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Saurabh Pandey Counsel for Opposite Party :- G.A.

Hon'ble Saurabh Srivastava,J.

Heard learned counsel for applicants and learned AGA appearing on behalf of State.

The instant application has been preferred with the prayer to quash the impugned charge sheet dated 16.03.2024, impugned cognizance order dated 23.04.2024 as well as the entire proceedings of Session Case no. 302 of 2024 (State vs. Ganesh Pratap Singh and Others) arising out of Case Crime no.105 of 2023, under Section 3(1) U.P. Gangster and Anti Social Activities (Prevention) Act, Police Station- Ghorawal, District- Sonbhadra, pending in the court of learned Additional Sessions Judge (F.T.C.) (C.A.W.), Sonbhadra.

Vide earlier order dated 25.07.2025, this Court granted time to learned AGA for apprising the Court with regard to minutes of meeting, if held jointly, by forwarding authority as well as approving authority in consonance with Rule 5(3)(a) of Gangster Rules, 2021.

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.

Learned counsel for applicants submitted that from the narrations available in the instructions itself, it appears 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.

The argument raised by learned counsel for applicants 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 16.03.2024, thereafter the order passed by learned concerned court by way of taking cognizance of offence vide order on dated 23.04.2024, is hereby quashed and set aside.

The application stands allowed accordingly.

However, the above mentioned order will not preclude the concerned authorities for re-initiation of the proceedings against applicants herein, if required in future, strictly in accordance with law.

Order Date :- 19.8.2025 Saif

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