Srikant Tyagi and Another Vs State of U.P. and Another

Neutral Citation No. - 2025:AHC:87404

Court No. - 74

Case :- APPLICATION U/S 528 BNSS No. - 16533 of 2025

Applicant :- Srikant Tyagi And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Alok Ranjan Mishra,Amrita Rai Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Srivastava,J.

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Compilation of judgments and U.P. Gangster and Anti-Social Activities (Prevention) Rules, 2021 preferred by learned counsel for the applicants are taken on record.

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Heard learned counsel for the applicants and learned AGA for the State.

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The instant application has been preferred with the prayer to quash the impugned orders dated 04.03.2025 and 23.08.2023 passed by learned Special Judge, Gangster Act, Gautam Buddh Nagar/Additional Sessions Judge, Court No. 6, Gautam Buddh Nagar and Special Judge, Gangster Act, Gautam Buddh Nagar respectively including the entire proceedings of Session Case no. 1159 of 2023 (State vs. Srikant Tyagi and others) arising out of Case Crime no. 340 of 2022, under Section 2/3 U.P. Gangster and Anti Social Activities (Prevention) Act, Police Station Phase-2, Central Commissionerate, Gautam Buddh Nagar pending in the court of learned Additional District Judge, Court No. 6, Gautam Buddh Nagar as well as to stay the further proceedings of abovementioned case.

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Learned counsel for applicants took precise grounds for challenging the entire proceedings that there is hardly any compliance of Rule 5 of Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Rules, 2021 which clearly demonstrate 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 it before Additional Superintendent of Police and after seeking his due recommendation the same has to present before the District Head of Police and thereafter the

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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 same has to be jointly finally approved. There is hardly any compliance in respect of Rule 5(3) (a), 5(3)(c), 6, 8(3), 10, 10(1), 16, 17 of Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Rules, 2021.

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It is further submitted by learned counsel for the applicants that under Rule 17(2) of the Rules of 2021 which provides that a preprinted rubber seal gang-chart should not be signed by the competent authority; otherwise the same shall tantamount to the fact that the competent authority has not exercised its free mind, while it reveals from the gangchart appended as Annexure-4 available at page no. 67 that the same has been signed by the authorities concerned by violating the provision of Rule 17(2) on a pre-printed proforma. It is further submitted that as per the Rule 27 of the Rules of 2021, investigation of any offence under the Act shall, as far as possible, be completed within six months and in unavoidable circumstances, after the approval of the district police in-charge, a maximum extension of three months can be provided, while in the present case the investigating officer/police officials completely violated the provisions of Rules 24(1) and 24(2) and submitted chargesheet against the applicants after more than six months, without any approval of the district police in-charge, as required under Rule 24 of the Rules of 2021.

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In support of the above mentioned submissions on behalf of the applicants, reliance is placed upon the judgments of Dharmendra @ Bheema vs. State of U.P. reported in 2024 (4) ADJ 763, Rajeev Agarwal vs. State of U.P and another reported in 2024 (3) ADJ 513 as well as Rajkumar Singh vs. State of U.P. reported in 2021 (4) ADJ 346.

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Per contra, learned AGA for the State vehemently opposed the prayer as made in the application, but could not dispute the arguments as raised by learned counsel for applicants.

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After hearing rival submissions extended by learned counsel for the parties, this Court finds that the procedure which are mandated as per the U.P. Gangster and Anti-Social Activities (Prevention) Rules, 2021 are missing in the instant matter and as such the impugned orders dated 04.03.2025 and 23.08.2023 passed by learned Special Judge, Gangster Act, Gautam Buddh Nagar/Additional Sessions Judge, Court No. 6, Gautam Buddh Nagar and Special Judge, Gangster Act, Gautam Buddh Nagar respectively including the entire proceedings of Session Case no.

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1159 of 2023 (State vs. Srikant Tyagi and others) arising out of Case Crime no. 340 of 2022, under Section 2/3 U.P. Gangster and Anti Social Activities (Prevention) Act, Police Station Phase-2, Central Commissionerate, Gautam Buddh Nagar pending in the court of learned Additional District Judge, Court No. 6, Gautam Buddh Nagar are hereby quashed and set aside.

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The application stands allowed accordingly.

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

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Order Date :- 22.5.2025 #Vik/-

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Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad

Srikant Tyagi and Another v. State of U.P. and Another

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