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

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

What the court decided

AI extract

Outcome

Application under Section 528 BNSS allowed; entire proceedings arising out of the approved gang-chart and the charge sheet no. 91/2023 dated 22.03.2023 quashed and set aside only in respect of applicant Ravi Jayswal, with liberty to the authorities to re-initiate proceedings strictly in accordance with law.

Issue for consideration

Whether the procedure mandated under Rule 5(3)(a) (read with Rule 16) of the Gangster Rules, 2021 was followed at the time of forwarding and approving the gang-chart, and whether non-compliance vitiates the entire proceedings and the charge sheet.

Court's answer

The procedure mandated on the approving and forwarding authorities under Rules 5(3)(a) and 16 of the Gangster Rules, 2021 is missing in the instant matter; consequently, the entire proceedings arising out of the approval of the gang-chart, which culminated in the charge sheet dated 22.03.2023, are quashed.

Ratio / Principle

The quashing and setting aside operates only in respect of the applicant, Ravi Jayswal.

Key takeaways

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

Detailed headnote1 paragraphs

Gangster Act quashing – U.P. Gangsters & Anti-Social Activities (Prevention) Act, 1986 – Gangster Rules, 2021, Rules 5(3)(a) and 16 – mandatory procedure at the stage of forwarding and approval of the gang-chart not followed; learned AGA, on instructions, conceded that no joint meeting was held by the authorities concerned – entire proceedings arising out of the gang-chart approval, culminating in charge sheet no. 91/2023 dated 22.03.2023 (Case Crime No. 0681 of 2022, PS Bisalpur, District Pilibhit; Session Trial No. 273 of 2024), quashed and set aside only in respect of the applicant – application under Section 528 BNSS allowed – liberty reserved to the authorities to re-initiate proceedings strictly in accordance with law.

Neutral Citation No. - 2025:AHC:125184

Court No. - 77

Case :- APPLICATION U/S 528 BNSS No. - 14343 of 2025

Applicant :- Ravi Jayswal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kuldeep Johri 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 of Case Crime no. 0681 of 2022 arising out of Session Trial no. 273 of 2024 (State of U.P. vs. Amit Kumar & another) under Section 2/3 U.P.Gangster & Anti-Social Activities (Prevention) Act, 1986, PS- Bisalpur, District Pilibhit as well as impugned charge sheet bearing no. 91/2023 submitted on 22.03.2023 pending in court of ADJ-05/Spl. Judge, Gangster Act, Pilibhit.

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. 55 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 22.03.2023, is hereby quashed

and set aside only in respect of applicant namely Ravi Jayswal.

The application stands allowed accordingly.

However, the above mentioned order will not preclude the concerned authorities for re-initiation of the proceedings against applicant 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