Umesh Alias Ramesh Alias Chotu Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Umesh Alias Ramesh Alias Chotu Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application under Section 528 BNSS allowed; entire proceeding in Sessions Case no. 1485 of 2024 arising out of Case Crime no. 501 of 2023, PS Khekra, District Baghpat set aside, with liberty to the authorities to initiate fresh proceedings in strict compliance with the statutory provisions.

Issue for consideration

Whether the investigation and charge-sheet in Case Crime no. 501 of 2023 (PS Khekra, District Baghpat) offended Rule 24 of the U.P. Gangster Rules, 2021, which requires investigation to be completed within six months, extendable by a maximum of three months, and in no case beyond one year. +1 more

Court's answer

Rule 24 of the U.P. Gangster Rules, 2021 is mandatory: investigation must ordinarily be completed within six months, with a maximum extension of three months, and in no case beyond one year; consequently, no charge sheet can be preferred after expiry of one year from the day of institution of a case against an implicated person.

Ratio / Principle

In the instant case the FIR was instituted on 11.12.2023 and the charge sheet was preferred on 19.01.2025, i.e., beyond one year; the grounds taken by the applicant are therefore squarely covered by Rule 24 of the Rules of 2021.

Key takeaways

The entire proceeding arising out of Sessions Case no. 1485 of 2024 (State vs. Sachin and others) under Section 2/3 of the U.P. Gangster and Anti-Social Activities Act in Case Crime no. 501 of 2023, PS Khekra, District Baghpat is set aside.ratio¶21
The setting aside does not preclude the authorities concerned from initiating proceedings afresh against the applicant, if required, in strict compliance with the provisions mandated through statutes.ratio¶22

Detailed headnote1 paragraphs

Allahabad High Court (Saurabh Srivastava, J.) allowed an application under Section 528 BNSS seeking quashing of proceedings under Section 2/3 of the U.P. Gangster and Anti-Social Activities Act. The applicant was implicated in Case Crime no. 501 of 2023 (PS Khekra, District Baghpat) by FIR dated 11.12.2023, and the charge sheet was submitted on 19.01.2025. Rule 24 of the U.P. Gangster Rules, 2021 mandates that investigation be completed within six months, extendable by a maximum of three months with approval of the district police in-charge, and in no case beyond one year. Holding Rule 24 mandatory and the charge sheet to have been filed beyond the one-year outer limit, the Court set aside the entire proceeding in Sessions Case no. 1485 of 2024 (State vs. Sachin and others), including the summoning order dated 7.2.2025, while clarifying that the authorities remain free to initiate proceedings afresh in strict compliance with the statutory provisions.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 33336 of 2025

Umesh Alias Ramesh Alias Chotu

.....Applicant(s)

Versus

State of U.P. and Another

	.....Opposite Party(s)
Counsel for Applicant(s)	: Sachin Malik
Counsel for Opposite Party(s)	: G.A.

Court No. - 77

HON'BLE SAURABH SRIVASTAVA, J.

Heard learned counsel for the parties.

Present application has been preferred with prayer to quash entire proceeding in Sessions Case no. 1485 of 2024 (State vs. Sachin and others) under Section 2/3 of U.P.Gangster and Anti-Social Activities Act, in view of summoning order dated 7.2.2025 arising out of Case Crime no. 501 of 2023, PS- Khekra, District Baghpat.

On previous occasion, time was extended in favour of learned AGA for seeking instructions in the matter in respect of compliance of Rule 24 of U.P.Gangster Rules, 2021.

Today, although instructions have been received in respect of compliance of Rule 24 of Gangster Rules, 2021 but it is apparent from the record itself that the FIR has already been lodged by way of implicating applicant on dated 11.12.2023, charge sheet has been submitted on 19.01.2025, so far as application of Rule 24 of U.P.Gangster Rules, 2021 is concerned, the same is reproduced hereinbelow:

" Rule 24. Expeditious Investigation- (1) The investigation of any offence under the Act shall, as far as possible, be completed within six months.

(2) In unavoidable circumstances, after the approval of the district police in-charge, a maximum extension of three months can be provided.

(3) In no case, can the investigation be extended for more than one year."

By bare perusal of the mandatory provisions available in the Rule 24, it

NA528 No. 33336 of 2025

2

is crystal clear that no charge sheet can be preferred after expiry of one year from the day of institution of a case against any implicated person as accused under provisions of U.P.Gangster Act, 1986. In the instant matter, there is hardly any dispute in respect of dates on which the FIR has been instituted and thereafter the charge sheet has been preferred which is more than after an year and as such grounds taken up by learned counsel for the applicant is squarely covered under Rule 24 of Rules of 2021.

In view of aforesaid facts and circumstances, entire proceeding arising out of Sessions Case no. 1485 of 2024 (State vs. Sachin and others) under Section 2/3 of U.P.Gangster and Anti-Social Activities Act in Case Crime no. 501 of 2023, PS- Khekra, District Baghpat is hereby set aside .

However, this order will not preclude the authorities concerned for initiating proceeding afresh, if required, against the applicant in the strict compliance of the provisions as mandated through statutes.

The instant application u/s 528 BNSS stands allowed accordingly.

(Saurabh Srivastava,J.)

September 17, 2025

Shaswat

Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad