Ram Avadh Kevat Vs State of U.P. — Allahabad HC (2025) — LawSathi Research

Ram Avadh Kevat Vs State of U.P. — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application allowed; the gang chart approval proceedings, charge sheet dated 31.08.2023 and cognizance/summoning order dated 08.09.2023 in S.S.T. No.76 of 2023 (Case Crime No.46 of 2023, P.S. Kaptanganj, Azamgarh) quashed and set aside, with liberty to the authorities to re-initiate proceedings strictly in accordance with law.

Issue for consideration

Whether the charge sheet dated 31.08.2023, the cognizance/summoning order dated 08.09.2023 and the entire Gangster Act proceedings against the applicant are liable to be quashed on the ground that the procedure prescribed by Rule 5(3)(a) of the Gangster Rules, 2021 (minutes of the joint meeting of the forwarding and approving authority) was not followed while forwarding and approving the gang chart.

Court's answer

The procedure mandated on the part of the approving authority as well as the forwarding authority under Rule 5(3)(a) of the Gangster Rules, 2021 is missing in the instant matter, and the applicant's contention to that effect is justified.

Ratio / Principle

Since the mandated procedure was not followed, the entire proceedings arising out of the approval of the gang chart, culminating in the charge sheet dated 31.08.2023 and the cognizance order dated 08.09.2023, 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

Gangster Act — quashing — gang chart forwarded and approved without compliance with Rule 5(3)(a) of the Gangster Rules, 2021 — on instructions from the concerned authorities, the State conceded that no minutes of any joint meeting of the forwarding and approving authority were prepared and that the dates recorded by them in the gang chart were different — the procedure mandated on the forwarding and approving authority being absent, the entire proceedings arising out of the approval of the gang chart, culminating in the charge sheet dated 31.08.2023 and the cognizance/summoning order dated 08.09.2023 in S.S.T. No.76 of 2023 (State vs. Pramod Tiwari and Others), arising out of Case Crime No.46 of 2023, Section 3(1) U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, P.S. Kaptanganj, District Azamgarh, were quashed and set aside — application under S.528 BNSS allowed — liberty reserved to the authorities to re-initiate proceedings against the applicant, if required, strictly in accordance with law.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 31087 of 2025

Ram Avadh Kevat

.....Applicant(s)

Versus

State of U.P.

	.....	Opposite Party(s)
Counsel for Applicant(s)	: Antima Rajbhar, Hari Prakash	Tiwari
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 dated 31.08.2023, cognizance/summoning order dated 08.09.2023 and the entire proceedings of S.S.T. No.76 of 2023 (State vs. Pramod Tiwari and Others) arising out of Case Crime no.46 of 2023, under Section 3(1) U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station- Kaptanganj, District- Azamgarh, pending in the court of learned Additional District and Session Judge/Special Judge, Gangster Act, Court No.6, Azamgarh.

Vide earlier order dated 22.08.2025, 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 and the dates mentioned in the gang chart by forwarding and approving authority are also different.

Learned counsel for applicant submitted that from the narrations available in the instructions itself, it appears that procedure defines under Rule 5(3)(a)

NA528 No. 31087 of 2025

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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 08.09.2023, 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 8, 2025 Saif

(Saurabh Srivastava,J.)

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