Mabood and 2 Others Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Mabood and 2 Others Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing and setting aside of the entire proceeding arising out of approval of the gang chart, including charge sheet no. 01 of 2019 dated 29.11.2019 and the summoning/cognizance order dated 20.02.2020, in respect of applicants Mabood, Raja Babu @ Irshad and Nanhey, with liberty to the concerned authorities to re-initiate proceedings in accordance with law if required in future.

Issue for consideration

Whether the charge sheet no. 01 of 2019 dated 29.11.2019 and the cognizance/summoning order dated 20.2.2020 arising out of Case Crime no. 33 of 2019 under Section 2/3 of the Gangster Act are liable to be quashed in respect of the applicants, on parity with the order dated 5.8.2025 passed in the co-accused's identical application.

Court's answer

Parity of the judgment and order dated 5.8.2025 passed in the co-accused's identical application (No. 25660 of 2025) is applicable in favour of the applicants.

Ratio / Principle

The entire proceeding arising out of approval of the gang chart, culminating in the charge sheet dated 29.11.2019 and the summoning order dated 20.02.2020, is quashed and set aside in respect of applicants Mabood, Raja Babu @ Irshad and Nanhey.

Key takeaways

Instructions received through learned AGA in Application u/s 528 BNSS no. 25660 of 2025 show clear cut violation of Rule 5(3)(a) of Gangster Rules, 2021.ratio¶14
The quashing order will not preclude the concerned authorities from re-initiating proceedings against the applicants, if required in future, in accordance with law.ratio¶15

Detailed headnote1 paragraphs

Allahabad High Court (Saurabh Srivastava, J.) allowed an application under Section 528 BNSS seeking quashing of charge sheet no. 01 of 2019 dated 29.11.2019 in S.T. no. 09 of 2010 (State vs. Azam and others), Case Crime no. 33 of 2019 under Section 2/3 of the Gangster Act, PS- Kokhraj, District Kaushambi, and the cognizance order dated 20.2.2020 passed by the Additional District and Session Judge/Special Gangster Act, Court no. 5, Kaushambi. Relying on parity with the judgment and order dated 5.8.2025 passed in the co-accused Ajam @ Mohd. Ajam's identical application (No. 25660 of 2025), and noting violation of Rule 5(3)(a) of the Gangster Rules, 2021, the Court quashed the entire proceeding arising out of the gang chart approval in respect of applicants Mabood, Raja Babu @ Irshad and Nanhey, while reserving liberty to the authorities to re-initiate proceedings in accordance with law if required in future.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 35110 of 2025

Mabood And 2 Others

	Versus	.....Applicant(s)
State of U.P. and Another		.....Opposite Party(s)
Counsel for Applicant(s)		: Sanjay Srivastava
Counsel for Opposite Party(s)		: G.A.

Court No. - 77

HON'BLE SAURABH SRIVASTAVA, J.

Heard learned counsel for applicants and learned AGA for State.

Present application has been preferred with the following prayers:-

"... to quash the charge sheet no. 01 of 2019 dated 29.11.2019 in S.T. no. 09 of 2010 (State vs. Azam and others) Case Crime no. 33 of 2019 under Section 2/3 of Gangster Act, PS- Kokhraj, District Kaushambi and cognizance order dated 20.2.2020 passed by learned Additional District and Session Judge/Special Gangster Act, Court no. 5, Kaushambi."

At the very outset, learned counsel for applicant submitted that in identical matter, co-accused Ajam @ Mohd. Ajam preferred Application u/s 528 BNSS no. 25660 of 2025 (Ajam @ Mohd. Ajam vs. State of U.P. and 4 others) before this Court challenging the same proceeding, wherein pleadings were entertained by this Court and after due consideration judgment and order dated 5.8.2025 (Annexure no. 6) has been passed by this Court whereby entire proceeding has been quashed and set aside. It is submitted that instant application has been preferred at the behest of applicant who is also implicated in same Case Crime no. 33 of 2019 and the similar argument has been raised by learned counsel for applicant for challenging the said proceedings.

Although, learned AGA opposed the prayer sought through instant application but did not disputed the fact in respect of judgment dated 5.8.2025.

NA528 No. 35110 of 2025

2

In view of foregoing discussion, this Court finds that instructions have already been received through learned AGA in Application u/s 528 BNSS no. 25660 of 2025 which shows clear cut violation of Rule 5(3)(a) of Gangster Rules, 2021. Applicant sought parity of order dated 5.8.2025 and parity of judgment and order dated 5.8.2025 is applicable in favour of applicant and as such entire proceeding arising out of approval of gang chart which culminated into preferring the charge sheet on dated 29.11.2019 thereafter order passed by learned concerned court by way of passing summoning order on dated 20.02.2020 is hereby quashed and set aside in respect of applicants namely Mabood, Raja Babu @ Irshad and Nanhey.

However, the above mentioned order will not preclude the concerned authorities for re-initiation of the proceedings against applicants, if required in future, in accordance with law.

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

(Saurabh Srivastava,J.)

September 15, 2025 Shaswat

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