Allowed

Rahimuddin Saifi v. State of U.P. and Another

Allahabad HC16 Oct 2025NA528/40412/2025

Case brief

AI extract

What is this about?

Allahabad High Court (Court No. 78), Vivek Kumar Singh, J., order dated November 19, 2025, allowing Application U/S 528 BNSS No. 40412 of 2025 filed by Rahimuddin Saifi against State of U.P. and Another. Seeks quashing of charge sheet No. 207 of 2021 (06.08.2021), cognizance/summoning order (13.09.2021) and entire proceedings of Session Trial No. 406 of 2021 (State vs. Galib and Others), Case Crim

What did the court decide?

Charge sheet No. 207 of 2021 dated 06.08.2021, the cognizance/summoning order dated 13.09.2021 and the entire criminal proceedings of Session Trial No. 406 of 2021 arising out of the gang chart quashe

Rahimuddin Saifi vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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APPLICATION U/S 528 BNSS No. - 40412 of 2025

Rahimuddin Saifi

.....Applicant(s)

Versus

State of U.P. and Another

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.....Opposite Party(s)

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Counsel for Applicant(s)	: Mohammad Belal
Counsel for Opposite Party(s)	: G.A.

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Court No. - 78

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HON'BLE VIVEK KUMAR SINGH, J.

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Counter affidavit filed today on behalf of the State is taken on record.

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Heard learned counsel for applicant and Ms. Pratiksha Rai, learned brief holder for the State.

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Present application has been preferred with the prayer to quash the charge sheet No.207 of 2021 dated 06.08.2021, cognizance/summoning order dated 13.09.2021 and the entire criminal proceeding of Session Trial No. 406 of 2021 (State vs. Galib and Others), arising out of Case Crime No. 376 of 2020, under Sections 2/3 of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 at PS- Bahadurgarh, District- Hapur, pending before learned Court of Additional District and Sessions Judge, F.T.C.-II, Hapur.

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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, Hapur and Superintendent of Police, Hapur. The District Magistrate, has 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 was made in the year 2020, which is appended as Annexure no.3 at page nos. 44 to 46 of the instant application, wherein different dates have been mentioned by the different authorities. 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 a part of gang of the act. Hence, the entire proceeding are liable to be quashed.

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NA528 No. 40412 of 2025

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It is also submitted that proceeding of the case against identically situated co-accused Naved Ahmed, Rizwan and Nikhil have already been quashed by the co-ordinate Bench of this Court vide order dated 10.07.2025 in Application U/S 482 No.34614 of 2024 and in view of the order passed by the co-ordinate Bench of this Court, proceeding of the present case against applicant is also liable to be quashed by this Court.

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Since the approval of gang-chart was made in the year 2020 itself and as such Rules framed in the year 2021 is not applicable in the instant matter, learned counsel for applicant came up with a judgment rendered by coordinate Bench of this Court on dated 28.08.2023 passed in Application u/s 482 no. 38502 of 2018 (Rajeev 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. 40412 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 06.08.2021, thereafter the order passed by learned concerned court by way of passing cognizance order on dated 13.09.2021 is hereby quashed and set aside only in respect of applicant herein.

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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 19, 2025 Radhika

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

Rahimuddin Saifi v. State of U.P. and Another

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Rahimuddin Saifi v. State of U.P. and Another

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