Piyush Shukla Vs State of U.P. and Another

Neutral Citation No. - 2025:AHC:110398

Court No. - 77

Case :- APPLICATION U/S 528 BNSS No. - 16869 of 2025

Applicant :- Piyush Shukla Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sudhir Kumar Tripathi Counsel for Opposite Party :- G.A.

¶5

Hon'ble Saurabh Srivastava,J.

¶6

Heard learned counsel for applicant and learned AGA.

¶7

The instant application has been preferred with the prayer to quash the impugned charge sheet no.01/2020 dated 06.02.2020 as well as impugned cognizance/summoning order dated 12.10.2020 and the entire proceedings of Session Trial no. 760 of 2020 (State of U.P. vs. Amit Kumar and others), arising out of Case Crime no. 996 of 2016, under Section 3(1) U.P. Gangster and Anti Social Activities (Prevention) Act, Police Station Cantt., District Gorakhpur, pending in the court of learned Additional Sessions Judge/Special Judge, Gangster Act, Gorakhpur.

¶8

Although time was granted to learned AGA to seek instructions but the same has not been preferred till today.

¶9

At the very outset, learned counsel for applicant placed reliance upon order dated 15.05.2025 passed by this Court in Application U/S 528 BNSS No.12621 of 2025 (Shivam @ Anupam Shukal Vs. Stave and another) and submitted that the present case is squarely covered with the said order. The relevant paragraphs of the said order are being quoted herein below:-

¶10

" 4. On previous occasion, vide order dated 1.5.2025, time was granted in favour of learned counsel for applicant to go through the Government Order which is applicable in the instant matter, since the approval of gang-chart was made in the year 2019 itself and as such Rules framed in the year 2021 is not applicable in the instant matter. Today, when the matter has been taken up, learned counsel for applicant came up with a judgment rendered by coordinate Bench of this Court on dated 28.08.2023 passed in Application u/s 482 no. 38502 of 2018 (Rajiv Agrawal vs. State of U.P. and another) and in support of his case, highlighted paragraph no. 20 where, Government Order dated 02.01.2004 is available and it is submitted that under point no. 3 of the instructions, it is clearly mentioned that gang-chart is to be finally approved in joint discussion of District Magistrate along with Senior Superintendent of Police/Superintendent of Police.

¶11

5. Per contra, learned AGA vehemently opposed the prayer sought through the instant application but submitted that as per the instructions, no minutes of joint meeting are available.

¶12

6. After hearing the rival submissions extended by learned counsels for the parties and perusing the records including Government Order dated 02.01.2004, this Court finds that in the guidance which were applicable at the time of preparation of the gang-chart in the instant matter, the same essence has already been mentioned in the guidelines also wherein although Rule 5(3) (a) of U.P. Gangster Rules, 2021 was not available but the essence of the same was available that gang-chart was to be prepared with joint consultation of Senior Superintendent of Police/Superintendent of Police along with District Magistrate of concerned district, but in the instant matter, there is hardly any minutes of meeting available as per the instructions received by learned AGA and as such the gang-chart, which has been prepared is not in consonance with the guidelines issued by State Government of U.P. which has been amended from time to time and the latest one is having the same essence as mentioned under Rule 5(3)(a) of U.P.Gangster Rules, 2021 and the same has never been followed while preparation of the gangchart which is available in the instant matter.

¶13

7. In the light of the above mentioned discussions and specific provisions available in the Government Order/notification dated 02.01.2004, the gangchart prepared and forwarded and finally approved is not in consonance with the provisions, as such entire proceedings arising out of approval of the gang chart which culminated into preferring the charge sheet on dated 8.10.2021 thereafter the order passed by learned concerned court by way of passing cognizance order on dated 2.12.2021 is hereby quashed and set aside only in respect of applicant namely Shivam Alias Anupam Shukla.

¶14

8. However, the above mentioned order will not preclude the concerned authorities for re-initiation of the proceedings against applicant, if required, in accordance with proper procedure available at law.

¶15

9. The application stands allowed accordingly. "

¶16

By bare perusal of the pleadings available on record, it is apparent that case of the applicant is squarely covered with order dated 05.05.2025 passed by this Court in Application U/S 528 BNSS No.12621 of 2025, and as such, impugned charge sheet no.01/2020 dated 06.02.2020 as well as impugned cognizance/summoning order dated 12.10.2020 and the entire proceedings of Session Trial no. 760 of 2020 (State of U.P. vs. Amit Kumar and others), arising out of Case Crime no. 996 of 2016, under Section 3(1) U.P. Gangster and Anti Social Activities (Prevention) Act, Police Station Cantt., District Gorakhpur, pending in the court of learned Additional Sessions Judge/Special Judge, Gangster Act, Gorakhpur, are hereby set aside.

¶17

The instant application stands allowed accordingly.

¶18

However, the above mentioned order will not preclude the concerned authorities for re-initiation of the proceedings against applicant, if required, in accordance with proper procedure available at law.

¶19

Order Date :- 10.7.2025 Vivek Kr.

¶20

Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad

Piyush Shukla v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Piyush Shukla v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases