Danish Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Danish Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application allowed; charge sheet dated 31.08.2023, cognizance order dated 14.02.2024 and the entire proceedings of S.S.T. no. 318 of 2024 (State vs. Danish and Others) arising out of Case Crime no. 54 of 2023 quashed and set aside, without precluding lawful re-initiation of proceedings in future.

Issue for consideration

Whether the procedure prescribed by Rule 5(3)(a) of Gangster Rules, 2021 — preparation/availability of minutes of a joint meeting of the forwarding and approving authorities — was followed when the gang chart was forwarded and approved. +1 more

Court's answer

The procedure mandated under Rule 5(3)(a) of Gangster Rules, 2021 on the part of the approving authority as well as the forwarding authority (minutes of their joint meeting) is missing in the instant matter; the authorities' instructions confirm no minutes of meeting were prepared at the relevant time.

Ratio / Principle

Because the Rule 5(3)(a) procedure is missing, the entire proceedings arising out of approval of the gang chart, which culminated in the charge sheet dated 31.08.2023 and the cognizance order dated 14.02.2024, 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.obiter¶13

Detailed headnote1 paragraphs

Allahabad High Court (Saurabh Srivastava, J.; order dated 20.8.2025) allowed an application under Section 528 BNSS filed by Danish seeking quashment of the charge sheet dated 31.08.2023, the cognizance order dated 14.02.2024 and the entire proceedings of S.S.T. no. 318 of 2024 (State vs. Danish and Others), arising out of Case Crime no. 54 of 2023 under Sections 2/3 U.P. Gangster and Anti Social Activities (Prevention) Act, Police Station Kotwali Dehat, District Bulandshahr. Learned AGA's instructions, taken on record pursuant to the Court's earlier order dated 05.08.2025, disclosed that no minutes of the joint meeting of the forwarding and approving authorities contemplated by Rule 5(3)(a) of Gangster Rules, 2021 exist, as none was prepared at the relevant time. Finding the mandated procedure missing, the Court accepted counsel's argument, quashed and set aside the proceedings flowing from the gang-chart approval, and clarified that its order does not preclude re-initiation of proceedings against the applicant in future strictly in accordance with law.

Neutral Citation No. - 2025:AHC:144711

Court No. - 77

Case :- APPLICATION U/S 528 BNSS No. - 28180 of 2025

Applicant :- Danish Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abhishek Kumar Saroj,Nagendra Bahadur Singh,Virendra Yadav Counsel for Opposite Party :- G.A.

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 dated 31.08.2023 as well as impugned cognizance order dated 14.02.2024 and the entire proceedings of S.S.T. no. 318 of 2024 (State vs. Danish and Others), arising out of Case Crime no. 54 of 2023, under Sections 2/3 U.P. Gangster and Anti Social Activities (Prevention) Act, Police Station- Kotwali Dehat, District- Bulandshahr, pending in the court of learned Additional District Judge/Special Judge, Gangster Act, Court No.8, Bulandshahr.

Vide earlier order dated 05.08.2025, 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 with the concerned authorities since at that time, minutes of meeting was not prepared. The said instructions are taken on record.

Learned counsel for applicant submitted that from the narrations available 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 31.08.2023, thereafter the order passed by learned concerned court by way of taking cognizance of offence vide order on dated 14.02.2024, is hereby quashed and set aside.

7. 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.

Order Date :- 20.8.2025 Saif

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