Anil Kushwaha vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

Anil Kushwaha vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Interim order: proceedings of G.T. No. 2932 of 2023 stayed against the applicant only until the next date of listing; learned AGA to obtain instructions within two weeks; matter to be listed fresh on 27.02.2026. Quashing petition itself not finally decided.

Issue for consideration

Whether the Gangsters Act proceedings against the applicant (G.T. No. 2932 of 2023, arising out of Case Crime No. 340 of 2022) are liable to be quashed for non-compliance with Rule 5(3)(a) of the U.P. Gangster and Anti Social Activities (Prevention) Rules, 2021, mechanical approval of gang-charts, and absence of independent application of mind by the competent authorities under Rule 17 of the 2021 Rules.

Court's answer

Interim stay: till the next date of listing, the proceedings of the aforesaid Gangsters Act case shall remain stayed against the applicant only.

Ratio / Principle

Learned AGA directed to obtain instructions in the matter within two weeks; case to be put up as fresh on 27.02.2026.

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Vivek Kumar Singh, J.), interim order dated February 4, 2026, in Application U/S 528 BNSS No. 3092 of 2026, Anil Kushwaha v. State of U.P. and Another. The applicant seeks quashing of the entire proceedings of G.T. No. 2932 of 2023, arising out of Case Crime No. 340 of 2022 under Section 3(1) of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, P.S. Rajghat, District Gorakhpur, pending before the Additional District and Sessions Judge, Court No. 6/Special Judge (Gangster Act), Gorakhpur, together with the chargesheet dated 28.11.2023 and the summoning/cognizance order dated 18.12.2023 and subsequent orders. The applicant contends that Rule 5(3)(a) of the U.P. Gangster and Anti Social Activities (Prevention) Rules, 2021 was not followed, that gang-charts were mechanically approved without independent application of mind as required by Rule 17, and relies on Vinod Bihari Lal v. State of Uttar Pradesh, 2025 SCC Online SC 1216. The Court directed the learned AGA to obtain instructions within two weeks, ordered that till the next date of listing the proceedings shall remain stayed against the applicant only, and listed the case as fresh on 27.02.2026.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 3092 of 2026

Anil Kushwaha

.....Applicant(s)

Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Manish Gupta, Vaishali Sahu Counsel for Opposite Party(s) : G.A.

Court No. - 81

HON'BLE VIVEK KUMAR SINGH, J.

Heard learned counsel for the applicant and learned A.G.A. for the State respondents.

Present application under Section 528 B.N.S.S. has been preferred for quashing the entire proceedings of Case i.e. G.T. No. 2932 of 2023, arising out of Case Crime No. 340 of 2022, under Section 3(1) of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, P.S. Rajghat, District Gorakhpur, pending in the court of Additional District and Sessions Judge, Court No. 6/Special Judge, Gangster Act, Gorakhpur, as well as Chargesheet dated 28.11.2023 and summoning/cognizance order dated 18.12.2023 as well as its subsequent orders passed by Special Judge (Gangster Act), Gangsters Act, Gorakhpur.

It is submitted by the learned counsel for the applicant that Rule 5(3)(a) of the Uttar Pradesh Gangster and Anti Social Activities (Prevention) Rules, 2021 has not been followed. It is also submitted that continuation of criminal proceedings under the Uttar Pradesh Gangster and Anti Social Activities (Prevention) Act, 1986 should be based on proper adherence to procedural safeguards, independent application of mind by the competent authorities and substantive evidence. Mere mechanical approval of gang-charts and lack of compliance with mandatory rules invalidates the proceedings. In support of his contention, learned counsel for the applicant has relied upon the judgment of Hon'ble Apex in the case of Vinod Bihari Lal vs. State of Uttar Pradesh and Another reported in 2025 SCC Online SC 1216 . It is further submitted that the independent mind has not been applied by the

NA528 No. 3092 of 2026

2

State Authorities in view of Rule 17 of the Uttar Pradesh Gangster and Anti Social Activities (Prevention) Rules, 2021.

Learned AGA is directed to obtain instructions in the matter within two weeks.

Put up this case as fresh on 27.02.2026.

Till the next date of listing, proceedings of aforesaid case shall remain stayed against the applicant only.

(Vivek Kumar Singh,J.)

February 4, 2026

A.P. Pandey

Digitally signed by :- ANAND PRAKASH PANDEY High Court of Judicature at Allahabad