Sachin Rastogi @ Sachin Vs State of U.P. through Secretary Home at Lucknow — Allahabad HC (2025) — LawSathi Research

Sachin Rastogi @ Sachin Vs State of U.P. through Secretary Home at Lucknow — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application under Section 528 BNSS allowed; charge sheet no.354/2024 dated 19.07.2024, cognizance/summoning order dated 23.10.2024 and the entire proceedings of Session Case no. 583 of 2024 quashed and set aside, with liberty to the authorities to re-initiate proceedings strictly in accordance with law.

Issue for consideration

Whether the gang chart was forwarded and approved in consonance with Rule 5(3)(a) of Gangster Rules, 2021, i.e., whether a joint meeting of the forwarding and approving authority took place with minutes recorded. +1 more

Court's answer

The procedure mandated under Rule 5(3)(a) of Gangster Rules, 2021 was not followed: no minutes of any joint meeting of the forwarding and approving authority exist in the records, the differing dates in the gang chart are not corroborated, and the mandated consideration was not specifically mentioned by the forwarding and approving authority.

Ratio / Principle

Since the procedure mandated on the forwarding and approving authority is missing, the entire proceedings arising out of the approval of the gang chart — culminating in the charge sheet dated 19.07.2024 and the cognizance order dated 23.10.2024 — are quashed and set aside.

Key takeaways

The quashing order will not preclude the concerned authorities from re-initiating proceedings against the applicant in future, if required, strictly in accordance with law.ratio¶20

Detailed headnote1 paragraphs

Allahabad High Court (Saurabh Srivastava, J.) allowed an application under Section 528 BNSS and quashed charge sheet no.354/2024 dated 19.07.2024, the cognizance/summoning order dated 23.10.2024, and the entire proceedings of Session Case no. 583 of 2024 (State vs. Kamruddin and Others), arising out of Case Crime no.638 of 2023 under Section 3(1) U.P. Gangster and Anti Social Activities (Prevention) Act, Police Station Amroha Nagar, District Amroha. On instructions placed by the AGA, the Court found that no minutes of any joint meeting of the forwarding and approving authority were available in the records, the differing dates in the gang chart were not corroborated, and the consideration mandated by Rule 5(3)(a) of Gangster Rules, 2021 was not specifically recorded; the approval process was therefore procedurally defective. The Court clarified that the order would not preclude re-initiation of proceedings against the applicant, if required, strictly in accordance with law.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 24733 of 2025

Sachin Rastogi @ Sachin

.....Applicant(s)

Versus

State Of U.P. Through Secretary Home At Lucknow

	.....Opposite Party(s)
Counsel for Applicant(s)	: Abhijat Awasthi, Abu Bakht
Counsel for Opposite Party(s)	: G.A.

Court No. - 77

HON'BLE SAURABH SRIVASTAVA, J.

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 impugned charge sheet no.354/2024 dated 19.07.2024 as well as impugned cognizance/summoning order dated 23.10.2024 and the entire proceedings of Session Case no. 583 of 2024 (State vs. Kamruddin and Others) arising out of Case Crime no.638 of 2023, under Section 3(1) U.P. Gangster and Anti Social Activities (Prevention) Act, Police Station- Amroha Nagar, DistrictAmroha (J.P. Nagar), pending in the court of learned Additional District and Sessions Judge, F.T.C. IInd, Amroha.

Vide earlier order dated 30.07.2025, this Court granted time to learned AGA for apprising the Court with regard to minutes of meeting, if held jointly, by forwarding authority as well as approving authority in consonance with Rule 5(3)(a) of Gangster Rules, 2021.

Today, when the matter was taken up, learned AGA came up with specific instructions which was provided by concerned authorities to him through which, it is apparent that no minutes of meeting related to the present matter, is available in the records, which corroborated different dates mentioned in the gang chart signed by forwarding and approving authority and the consideration which is mandated as per the procedure has not been specifically mentioned by the forwarding and approving authority.

Learned counsel for applicant submitted that from the narrations available

NA528 No. 24733 of 2025

2

in the instructions itself, appears that procedure defines under Rule 5(3)(a) of Gangster Rules, 2021 has not been followed at the time of forwarding and approving the gang-chart and as such, entire proceedings of the present case may be set aside.

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 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 19.07.2024, thereafter the order passed by learned concerned court by way of taking cognizance of offence vide order on dated 23.10.2024, is hereby quashed and set aside.

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 in future, strictly in accordance with law.

September 4, 2025 Saif

(Saurabh Srivastava,J.)

Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad