Pawan Kumar Vs State of U.P. and Another

Neutral Citation No. - 2025:AHC:42124

Court No. - 74

Case :- APPLICATION U/S 528 BNSS No. - 9234 of 2025

Applicant :- Pawan Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shakil Ahmad Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Srivastava,J.

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Heard Mr. Shakil Ahmad, learned counsel appearing on behalf of applicant and learned AGA for State.

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The instant application has been preferred with the prayer to quash the entire criminal proceeding, charge sheet dated 06.05.2024 as well as cognizance/summoning order dated 18.09.2024 issued by learned Additional District and Sessions Judge/Special Judge (Gangster) Court no. 6, Bijnor in Session Trial no. 1849 of 2024 (State vs. Pawan) arising out of Case Crime no. 467 of 2023 under Section 2(b)(i)/3(1) of U.P.Gangster Act, 1986, Police Station Haldaur, District Bijnor which is pending the court of learned Additional District and Session Judge/Special Judge (Gangster Court), Court no. 6, District Bijnor.

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Learned counsel for applicant took precise grounds that there is hardly any compliance of Rule 5 of Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Rules, 2021 which clearly demonstrate that the gang chart will not be approved summarily but after due discussion in a joint meeting of the Commissioner of Police/District Magistrate/Senior Superintendent of Police/Superintendent of Police which has already been prepared by concerned In-charge of Police Station/Station House Officer/Inspector who present before Additional Superintendent of Police and after seeking his due recommendation the same has to be present before the District Head of Police and thereafter the same was to be approved in joint meeting with the authorities who are mentioned under Rule 5 who recommended the same and thereafter at the time of approval, the same has to be jointly finally approved. The approval which is appended along with application is available at page no. 62 wherein the different dates have been mentioned by the different authorities which is strictly in terms of provision available under Rule 5 but there is hardly any compliance in respect of Rule 5(3)(a) of Uttar Pradesh Gangsters

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and Anti Social Activities (Prevention) Rules, 2021.

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Learned counsel for the applicant specifically submitted that although the gang chart prepared by concerned Officer was duly recommended but at the time of approving the same there must be a joint meeting as mentioned in the Rule 5(3)(a) and the same has never been disclosed or mentioned at the time of approving the gang chart by concerned District Magistrate on dated 06.11.2023.

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Per contra, learned AGA vehemently opposed the prayer as made in the application and rebutted the stand taken up by learned counsel for the applicant by way of taking reliance of Rule 16(2) of Rules of 2021 wherein there is hardly any mention of joint meeting which shall be conducted at the time of approving gang chart by concerned Commissioner of Police/District Magistrate.

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After hearing rival submissions extended by learned counsel for the parties, this Court finds that the rules are crystal clear at the initial stage which is mentioned under Rule 5(3)(a) of the Rules of 2021 for holding joint meeting of the authorities concerned which includes the presenting officer, forwarding officer and thereafter the discussion shall be made with the approving authority. The rules mentioned below to Rule 5 of the Rules of 2021 although clarified the wording and the orders which ought to be passed by the approving authority but the missing of joint meeting/discussion is not necessarily to be reproduced time and again since the legislature and law makers are conscious not to repeat the procedure in each and every rules/sections in the concerned Act/Rules since the study of the sections available in the rules framed under the Act has to be read in a procedural manner where it is written in subsequential order and as such the provision contained under the Rule 5(3)(a) of Rules of 2021 has to be given preference while reading other rules which are mentioned below to Rule 5 of the Rules of 2021 and as such the specific provision for holding joint meeting is mandatory on the part of all the officers who are involved in forwarding the gang chart and finally it is incumbent upon the approving authority to hold meeting under Section 5(3)(a) of the Rules of 2021. The said procedure which is mandated on the part of the approving 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 06.05.2024 thereafter the order passed by learned concerned court by way of summoning the applicant on dated 18.09.2024 is hereby quashed and set aside only in respect of applicant namely Pawan Kumar.

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

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The application stands allowed accordingly.

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Order Date :- 21.3.2025 Shaswat

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

Pawan Kumar v. State of U.P. and Another

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