Rahul Alias Sonu Verma vs State of U.P. and Another

Neutral Citation No. - 2025:AHC:125465

Court No. - 77

Case :- APPLICATION U/S 528 BNSS No. - 23168 of 2025

Applicant :- Rahul Alias Sonu Verma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Aditya Gupta,Harsh Vardhan Gupta Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Srivastava,J.

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

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The instant application has been preferred with the prayer to quash the order dated 01.02.2025 passed by the Special Judge (Gangster Act)/Additional Sessions Judge, Court no. 8, Bulandshahr in Session Case no. 467 of 2025 (State of U.P. vs. Rahul @ Micchu and others) arising out of Case Crime no. 619 of 2024 under Section 2/3 of U.P.Gangsters and Anti-Social Activities (Prevention) Act, 1986, PSKhurja Nagar, District Bulandshahr as well as charge-sheet no. 1007/2024, dated 30.12.2024. Further prayer has also been made to quash the entire proceedings of Session Case no. 467 of 2025.

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Learned counsel for applicant 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. 63 wherein the different dates have been mentioned by the different authorities and as such, entire proceedings of the present case may be set aside. It is also submitted that at the time of seeking quashing of the present FIR bearing Case Crime no. 619 of 2024, Division Bench of this Court has already passed order dated 14.08.2024 in Crl.Misc. Writ Petition No. - 14113 of 2024 , which is reproduced herein below:

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"1. This writ petition has been filed for quashing of the First Information Report dated 16.7.2024 giving rise to Case Crime No.619 of 2024 under section 2/3 of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 (hereinafter referred to as the "Gangster Act"), Police Station Khurja Nagar, District Bulandshahar. The petitioner has also prayed that he be not arrested in pursuance of the impugned FIR.

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2. Contention of learned counsel for the petitioners is that the petitioner has been falsely implicated under the Gangster Act and that too on the basis of a single case, in which he has been bailed out. Learned counsel for the petitioner further states that the petitioner was only implicated under section 411 and 414 IPC and wrongly the gang chart shows that the petitioner was also proceeded against under section 380 IPC. Learned counsel for the petitioner further states that the note as has been given under the gangster chart was also only a chronological reproduction of what had happened in the case in which the petitioner and the other co-accused were involved.

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No reason has been given as to how the petitioner was operating as a gangster. Still further, we also find that the approval also was not preceded by any joint meeting and if there had been any approval after the joint meeting, it should have been brought on record. Under such circumstances, learned counsel states, there is a definite violation of Rule 3(5)(a) and Rules 16 and 17 of the Uttar Pradesh Gangster and Anti Social Activities (Prevention) Rules, 2021.

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3. Matter requires consideration.

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4. Learned AGA appearing for the respondents may file counter affidavit within a period of three weeks. Rejoinder affidavit, if any, may be filed within two weeks thereafter.

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5. List thereafter.

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6. Until further orders, no coercive action shall be taken against the petitioner. "

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In spite of aforesaid order, charge-sheet dated 30.12.2024 has been submitted by Investigating Officer whereupon cognizance order dated 01.02.2025 has been passed by learned court concerned which is not sustainable in the eye of law.

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Per contra, learned AGA vehemently opposed the prayer sought through instant application but could not dispute the fact that no joint meeting has been conducted and the fact related to order dated 14.08.2024 in spite of which charge-sheet has been preferred.

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By bare perusal of order dated 14.08.2024 it is apparent that it is the strict direction passed by Division Bench of this Court not to take any coercive action until further orders, in spite of that, charge-sheet has been preferred which is misuse of the process of law by way of indirectly committing contempt in pursuance to order passed by Division Bench of this Court. Further, the argument raised by learned counsel for applicant 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 30.12.2024 thereafter the order passed by learned concerned court by way of taking cognizance of offence vide order on dated 01.02.2025, is hereby quashed and set aside.

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The application stands allowed accordingly.

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However, it is made clear that the above mentioned order shall be applicable only in respect of applicant namely Rahul Alias Sonu Verma.

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Order Date :- 28.7.2025 Shaswat

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

Rahul Alias Sonu Verma v. State of U.P. and Another

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