Dismissed¶12

Bitto @ Jitendra v. State of U.P. and Another

Allahabad HC1 Aug 2025A482/40542/2024

Case brief

AI extract

What is this about?

Bitto @ Jitendra v. State of U.P. and Another; Allahabad High Court; Application U/S 482 No. 40542 of 2024; quashing of charge sheet 24.08.2020 and cognizance order 03.11.2020; S.T. no.715 of 2020; Case Crime no.339 of 2019; Sections 2/3 U.P. Gangster and Anti Social Activities (Prevention) Act, 1986; Rule 5(3)(a) U.P. Gangster Rules, 2021; joint meeting forwarding and approving authority; gang chart approval; P.S. Babri, District Shamli; F.T.C. Court Shamli; dismissed; Justice Saurabh Srivastava; Order Date 23.8.2025; 2025:AHC:146501.

What did the court decide?

The procedure mandated on the approving authority and the forwarding authority (joint meeting under Rule 5(3)(a) of the U.P. Gangster Rules, 2021) was established in the instant matter; accordingly, the application lacks merit. ¶11

Bitto @ Jitendra vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

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Neutral Citation No. - 2025:AHC:146501

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Court No. - 77

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Case :- APPLICATION U/S 482 No. - 40542 of 2024

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Applicant :- Bitto @ Jitendra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashutosh Singh,Neetu 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 State, who preferred instructions, which is taken on record.

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The instant application has been preferred with the prayer to quash the impugned charge sheet dated 24.08.2020, cognizance order dated 03.11.2020 and the entire proceedings of S.T. no.715 of 2020 (State vs. Sanjeev and Others) arising out of Case Crime no.339 of 2019, under Sections 2/3 U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station- Babri, District- Shamli, pending in the court of learned Additional District & Session Judge, F.T.C. Court, Shamli.

¶8

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.

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Per contra, learned A.G.A. vehemently opposed the prayer as made in the application and submitted through the instructions, which is taken on record, 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. Apart from the above submission, learned A.G.A. apprised this Court that the instant matter is before the provisions of U.P. Gangster Rules, 2021 and the same pertains to the notification which was in the year 2019 itself as well as the fact that the matter is pending before learned court concerned at the stage of trial, which has already been proceeded by learned court concerned, wherein the applicant is not participating which can be presumed as nonfiling of the order-sheet at the time of preferring instant application.

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After hearing the rival submissions extended by learned counsel for the parties, the argument raised by learned A.G.A.

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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.

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6. The application stands dismissed accordingly.

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Order Date :- 23.8.2025 Saif

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

Bitto @ Jitendra v. State of U.P. and Another

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Bitto @ Jitendra v. State of U.P. and Another

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