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

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

What the court decided

AI extract

Outcome

Application under S. 528 BNSS allowed; charge sheet dated 21.08.2023, cognizance/summoning order dated 16.10.2023 and the entire proceedings of Special Session Trial no. 37 of 2023 quashed and set aside, without prejudice to re-initiation of proceedings strictly in accordance with law.

Issue for consideration

Whether the gang-chart proceedings against the applicants are vitiated because the procedure mandated under Rule 5(3)(a) of the Gangster Rules, 2021 (minutes of the joint meeting of the forwarding and approving authority) was not followed, warranting quashing of the charge sheet dated 21.08.2023, the cognizance/summoning order dated 16.10.2023 and the entire proceedings of Special Session Trial no. 37 of 2023.

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, as no minutes of the relevant meeting are available with the concerned authorities.

Ratio / Principle

Since the mandated procedure was not followed, the entire proceedings arising out of approval of the gang chart, which culminated in the charge sheet dated 21.08.2023 and the cognizance order dated 16.10.2023, are quashed and set aside.

Key takeaways

The quashing order will not preclude the concerned authorities from re-initiating the proceedings against the applicants, if required in future, strictly in accordance with law.ratio¶18

Detailed headnote1 paragraphs

Gangster Act proceedings quashed for non-compliance with Rule 5(3)(a) of the Gangster Rules, 2021. The Allahabad High Court (Saurabh Srivastava, J.) allowed an application under S. 528 BNSS seeking quashing of the charge sheet dated 21.08.2023 and the cognizance/summoning order dated 16.10.2023 in Special Session Trial no. 37 of 2023, arising out of Case Crime no. 708 of 2022 under Section 2/3 U.P. Gangster and Anti Social Activities (Prevention) Act, Police Station Baraut, District Baghpat. On instructions filed by the learned AGA, it was apparent that no minutes of the meeting of the forwarding and approving authority, held jointly as contemplated by Rule 5(3)(a) of the Gangster Rules, 2021, were available with the concerned authorities. Holding the mandated procedure to be missing, the Court quashed and set aside the entire proceedings flowing from the approval of the gang chart, while clarifying that the order would not preclude re-initiation of proceedings against the applicants, if required in future, strictly in accordance with law.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 31900 of 2025

Rahul Chaudhari And Another

.....Applicant(s)

	Versus
State of U.P. and Another			.....Opposite Party(s)
Counsel for Applicant(s)	: Mithilesh Kumar Shukla	Shukla,	Sudhir Kumar
Counsel for Opposite Party(s)	: G.A.

Court No. - 77

HON'BLE SAURABH SRIVASTAVA, J.

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

The instant application has been preferred with the prayer to quash the impugned charge sheet dated 21.08.2023 as well as impugned cognizance/summoning order dated 16.10.2023 and entire proceedings of Special Session Trial no. 37 of 2023 (State Vs. Rahul Chaudhary and others), arising out of Case Crime no. 708 of 2022, under Section 2/3 U.P. Gangster and Anti Social Activities (Prevention) Act, Police Station Baraut, District Baghpat, pending in the court of learned Additional District and Sessions Judge, FTC (Women Harassment), Court No.2, Baghpat.

Vide earlier order dated 26.08.2025, 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. The said instructions are taken on record.

Learned counsel for applicants 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

NA528 No. 31900 of 2025

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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 applicants 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 21.08.2023 thereafter the order passed by learned concerned court by way of taking cognizance of offence vide order on dated 16.10.2023, 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 applicants herein, if required in future, strictly in accordance with law.

September 17, 2025 Vivek Kr.

(Saurabh Srivastava,J.)

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