Israt Alias Mohamad Parvez vs State of U.P. and Another

Present application has been preferred with the prayer to quash the charge sheet No.230/2021, dated 17.10.2021 and cognizance/ summoning order dated 11.4.2022 passed by the Additional Session Judge/ F.T.C.-II, Amroha in Session Trial No.258/2022 (State Vs. Ravi and Others), arising out of Case Crime No.77 of 2021, under Section 3(1) of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station- Rahra, District Amroha, pending in the court of Additional Session Judge/F.T.C.-II, Amroha.

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It is submitted by learned counsel for applicant that in the present case, gang chart has been prepared by the authorities concerned without any approval in joint meeting of District Magistrate, Amroha and Superintendent of Police, Amroha. The District Magistrate, has signed without date on the gang chart and approved the same in very casual manner without applying his judicial mind which is gross violation of Rule 5(3)(a) of U.P.Gangster Rules, 2021. The approval of gang-chart made in the year 2021 has been appended at page no.73 of the instant application. It is also submitted by learned counsel for applicant that provision of Section 3(1) of Gangster Act, deals with punishment and any person can be prosecuted only after he falls under the definition of gangster act defined in Section 2(b)(i) to (xxv) being

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NA528 No. 31958 of 2025

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a part of gang of the act. Hence, the entire proceeding are liable to be quashed.

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On previous occasion, vide order dated 26.8.2025, time was granted in favour of learned counsel for applicant to go through the Government Order which is applicable in the instant matter, since the approval of gang-chart was made in the year 2021 itself and as such Rules framed in the year 2021 is not applicable in the instant matter. Today, when the matter has been taken up, learned counsel for applicant came up with a judgment rendered by co-ordinate Bench of this Court on dated 28.08.2023 passed in Application u/s 482 No. 38502 of 2018 (Rajiv Agrawal vs. State of U.P. and another) and in support of his case, highlighted paragraph no. 20 where, Government Order dated 02.01.2004 is available and it is submitted that under point no. 3 of the instructions, it is clearly mentioned that gang-chart is to be finally approved in joint discussion of District Magistrate along with Senior Superintendent of Police/Superintendent of Police.

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Per contra, learned AGA vehemently opposed the prayer sought through the instant application but submitted that as per the instructions, no minutes of joint meeting are available.

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After hearing the rival submissions extended by learned counsels for the parties and perusing the records including Government Order dated 02.01.2004, this Court finds that in the guidance which were applicable at the time of preparation of the gang-chart in the instant matter, the same essence has already been mentioned in the guidelines also wherein although Rule 5(3)(a) of U.P. Gangster Rules, 2021 was not available but the essence of the same was available that gang-chart was to be prepared with joint consultation of Senior Superintendent of Police/Superintendent of Police along with District Magistrate of concerned district, but in the instant matter, there is hardly any minutes of meeting available as per the instructions received by learned AGA and as such the gang-chart, which has been prepared is not in consonance with the guidelines issued by State Government of U.P. which has been amended from time to time and the latest one is having the same essence as mentioned under Rule 5(3)(a) of U.P.Gangster Rules, 2021 and the same has never been followed while preparation of the gang-chart which is available in the instant matter.

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NA528 No. 31958 of 2025

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In the light of the above mentioned discussions and specific provisions available in the Government Order/notification dated 02.01.2004, the gangchart prepared and forwarded and finally approved is not in consonance with the provisions, as such entire proceedings arising out of approval of the gang chart which culminated into preferring the charge sheet on dated 17.10.2021 thereafter the order passed by learned concerned court by way of passing cognizance order on dated 11.04.2022 is hereby quashed and set aside only in respect of applicant namely Israt @ Mohd. Parvez.

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However, the above mentioned order will not preclude the concerned authorities for re-initiation of the proceedings against applicant, if required, in accordance with proper procedure available at law.

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The application stands allowed accordingly.

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(Vivek Kumar Singh,J.)

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November 18, 2025 Radhika

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Digitally signed by :- RADHIKA VISHWAKARMA High Court of Judicature at Allahabad

Israt Alias Mohamad Parvez v. State of U.P. and Another

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Israt Alias Mohamad Parvez v. State of U.P. and Another

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