Nabeel @ Mohd Nabeel Minor vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

Nabeel @ Mohd Nabeel Minor 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. 725 of 2025 shall remain stayed against the applicant only till the next date of listing (23.02.2026); learned AGA directed to obtain instructions within two weeks; matter listed as fresh on 23.02.2026. No final determination on the quashing prayer.

Issue for consideration

Whether the charge-sheet dated 23.05.2025, the cognizance order dated 11.07.2025 passed by the Special Judge (Gangster Act), Mau, and the entire proceedings of G.T. No. 725 of 2025 arising out of Case Crime No. 245 of 2024 under the U.P. Gangster Act ought to be quashed. +1 more

Court's answer

Interim direction: till the next date of listing, the proceedings of G.T. No. 725 of 2025 shall remain stayed against the applicant only.

Ratio / Principle

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

Key takeaways

The case is to be put up as fresh on 23.02.2026.ratio¶18

Detailed headnote1 paragraphs

Allahabad High Court (Vivek Kumar Singh, J.) — interim order in Application U/S 528 BNSS No. 3312 of 2026, Nabeel @ Mohd Nabeel Minor v. State of U.P. and Another. The minor applicant sought quashing of the charge-sheet dated 23.05.2025 and the cognizance order dated 11.07.2025 passed by the Special Judge (Gangster Act), Mau, and of the entire proceedings of G.T. No. 725 of 2025 (State vs. Anas and others) arising out of Case Crime No. 245 of 2024 under section 3(1) of the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, P.S. Mohammdabad Gohna, District Mau. It was contended 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 under Rule 17, and reliance was placed on Vinod Bihari Lal vs. State of Uttar Pradesh and Another, 2025 SCC Online SC 1216. The Court directed learned AGA to obtain instructions within two weeks, listed the matter as fresh on 23.02.2026, and stayed the proceedings of the said case against the applicant only till the next date. Interlocutory order; merits left open.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 3312 of 2026

Nabeel @ Mohd Nabeel Minor

.....Applicant(s)

Versus

State of U.P. and Another

.....Opposite Party(s)

Counsel for Applicant(s)	: Sharad Mishra
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 of the Charge-sheet dated 23.05.2025 as well as cognizance order dated 11.07.2025 passed by the Special Judge (Gangster Act), Mau and the entire proceedings of G.T. No. 725 of 2025 (State vs. Anas and others) arising out of Charge-sheet dated 23.05.2025 filed in Case Crime No. 245 of 2024, under section 3(1) of U.P. Gangster and Anti Social Activities (Prevention ) Act 1986, Police Station- Mohammdabad Gohna, District Mau, pending in the Court of Special Judge (Gangster Act)/Additional Sessions Judge F.T.C.-1, Mau.

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 gangcharts 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 State Authorities in view of Rule 17 of

NA528 No. 3312 of 2026

2

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 23.02.2026.

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

(Vivek Kumar Singh,J.)

January 29, 2026

Bhanu

Digitally signed by :- BHANU PRATAP KUSHWAHA High Court of Judicature at Allahabad