Bablu @ Nawab Haider vs State of U.P. and 3 Others — Allahabad HC (2026) — LawSathi Research

Bablu @ Nawab Haider vs State of U.P. and 3 Others — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Interim stay of the proceedings of Special Trial No. 30 of 2023 against the applicant only till the next date of listing (case to be put up as fresh on 25.02.2026); learned AGA directed to obtain instructions within two weeks.

Issue for consideration

Whether the entire proceedings of Special Trial No. 30 of 2023, the chargesheet dated 18.12.2022 and subsequent orders should be quashed for non-compliance with Rule 5(3)(a) of the U.P. Gangster and Anti Social Activities (Prevention) Rules, 2021 and for mechanical approval of gang-charts. +1 more

Key takeaways

Interim direction: learned AGA directed to obtain instructions in the matter within two weeks.¶15
Interim stay: till the next date of listing, the proceedings of Special Trial No. 30 of 2023 shall remain stayed against the applicant only.¶17

Detailed headnote1 paragraphs

Interim order — Application under Section 528 BNSS (No. 3885 of 2026) by Bablu @ Nawab Haider seeking quashing of the entire proceedings of Special Trial No. 30 of 2023, arising out of Case Crime No. 142 of 2022 under Section 3(1) of the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Hazratnagar Garhi, District Sambhal, as well as the chargesheet dated 18.12.2022 and subsequent orders of the Special Judge (Gangster Act), Sambhal at Chandausi. Applicant 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 compliance with mandatory rules, and that the State authorities failed to apply an independent mind under Rule 17 of the 2021 Rules; reliance was placed on Vinod Bihari Lal vs. State of Uttar Pradesh and Another, 2025 SCC Online SC 1216. The Court directed the learned AGA to obtain instructions within two weeks, listed the matter as fresh on 25.02.2026, and stayed the proceedings against the applicant only till the next date of listing. No merits decision was rendered.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 3885 of 2026

Bablu @ Nawab Haider

.....Applicant(s)

Versus

State Of U.P. And 3 Others .....Opposite Party(s) Counsel for Applicant(s) : Mohd. Hasham 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 Special Trial No. 30 of 2023, arising out of Case Crime No. 142 of 2022, under Section 3(1) of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Hazratnagar Garhi, District Sambhal, pending the court of Special Judge (Gangster Act), Sambhal at Chandausi, as well as Chargesheet dated 18.12.2022 and its subsequent orders passed by Special Judge (Gangster Act), Sambhal at Chandausi.

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 State Authorities in view of Rule 17 of the Uttar Pradesh Gangster and Anti

NA528 No. 3885 of 2026

2

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 25.02.2026.

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

(Vivek Kumar Singh,J.)

February 2, 2026

A.P. Pandey

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