Bhupendra Kumar and Another vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Bhupendra Kumar and Another vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application allowed: the charge sheet dated 22.12.2023 (No. 565/2023), the cognizance and summoning order dated 08.01.2024 and the entire connected proceedings arising out of the gang-chart approval were quashed and set aside only in respect of applicants Bhupendra Kumar and Bablu @ Lokesh @ Badalua, with liberty to the concerned authorities to re-initiate proceedings, if required, strictly in accordance with law.

Issue for consideration

Whether non-compliance with the mandatory procedure imposed on the approving and forwarding authorities under Rule 5(3)(a) and Rule 16 of the Gangster Rules, 2021 (including absence of any joint meeting) at the gang-chart forwarding/approval stage vitiates the proceedings. +1 more

Court's answer

The procedure mandated on the part of the approving authority as well as the forwarding authority in pursuance to Rule 5(3)(a) and 16 of the Gangster Rules, 2021 is missing in the instant matter (no joint meeting having been held), so the applicants' contention is justified.

Ratio / Principle

The entire proceedings arising out of the gang-chart approval, culminating in the charge sheet dated 22.12.2023 and the cognizance order dated 08.01.2024, are quashed and set aside only in respect of the applicants Bhupendra Kumar and Bablu @ Lokesh @ Badalua.

Key takeaways

The quashing will not preclude the concerned authorities from re-initiating the proceedings against the applicants, if required, strictly in accordance with law.ratio¶14

Detailed headnote1 paragraphs

Allahabad High Court (Saurabh Srivastava, J.) — Application under Section 528 BNSS allowed. Where the procedure mandated on the approving and forwarding authorities under Rule 5(3)(a) and Rule 16 of the Gangster Rules, 2021 was not followed — the learned AGA, on instructions, admitted that no joint meeting had been held — and the gang-chart approval placed at page 47 bore different dates mentioned by different authorities, the Court held the applicants' contention justified and quashed the entire proceedings arising out of the gang-chart approval, including the charge sheet dated 22.12.2023 (No. 565/2023) in Special Case no. 330 of 2024 (State vs. Bhupendra and others) and the cognizance/summoning order dated 08.01.2024, arising out of Case Crime no. 114 of 2023 under Section 2/3 U.P. Gangsters Act, P.S. Dibai, District Bulandshahar — but only in respect of the applicants Bhupendra Kumar and Bablu @ Lokesh @ Badalua. The order does not preclude the concerned authorities from re-initiating the proceedings, if required, strictly in accordance with law.

Neutral Citation No. - 2025:AHC:125124

Court No. - 77

Case :- APPLICATION U/S 528 BNSS No. - 12952 of 2025

Applicant :- Bhupendra Kumar And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shikhar Awasthi Counsel for Opposite Party :- G.A.

Hon'ble Saurabh Srivastava,J.

Learned AGA preferred instructions which is taken on record.

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

The instant application has been preferred with the prayer to quash the entire proceeding along with charge sheet dated 22.12.2023 numbered as 565/2023 in Special Case no. 330 of 2024 (State vs. Bhupendra and others) including the impugned cognizance and summoning order dated 08.01.2024 arising out of Case Crime no. 114 of 2023 under Section 2/3 U.P.Gangsters Act, PS- Dibai, District Bulandshahar, pending in court of Special Judge (Gangster Act)/Additional Sessions Judge, Court no. 8, Bulandshahar with respect to accused applicants.

Learned counsel for applicants submitted that procedure defined under Rule 5(3)(a) of Gangster Rules, 2021 has not been followed at the time of forwarding and approving the gang-chart. The approval of gang-chart which is appended along with application is available at page no. 47 wherein the different dates have been mentioned by the different authorities and as such, entire proceedings of the present case may be set aside.

In compliance of earlier direction, learned AGA today came up with the instructions and submitted that no joint meeting has been held in the present matter by the authorities concerned.

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 in pursuance to Rule 5(3)(a) and 16 of Gangster Rules, 2021, 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 22.12.2023 thereafter the order passed by learned concerned court by way of taking cognizance of offence vide order on dated 08.01.2024, is hereby quashed and set aside only in respect of applicant namely Bhupendra Kumar and Bablu @ Lokesh @ Badalua.

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, strictly in accordance with law.

Order Date :- 28.7.2025 Shaswat

Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad