Aman Yadav Alias Anam and 3 Others Vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

Aman Yadav Alias Anam and 3 Others Vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing of the charge sheet dated 25.07.2024, the cognizance order dated 21.10.2024 and the entire proceedings of Special Session Trial No. 140 of 2024, with liberty to the concerned authorities to re-initiate proceedings strictly in accordance with law.

Issue for consideration

Whether the gang-chart was forwarded and approved in compliance with Rule 5(3)(a) of the Gangster Rules, 2021, and whether such non-compliance vitiates the charge sheet dated 25.07.2024, the cognizance order dated 21.10.2024 and the entire proceedings of Special Session Trial No. 140 of 2024.

Court's answer

Factual finding: no minutes of meeting related to the present matter are available with the concerned authorities, as minutes of meeting were not prepared at the relevant time and the practice commenced only from 30.04.2024.

Ratio / Principle

The procedure mandated under Rule 5(3)(a) of the Gangster Rules, 2021 on the part of the approving authority was not followed at the time of forwarding and approving the gang-chart; that mandated procedure is missing in the instant matter.

Key takeaways

Since the mandated approval procedure is missing, the entire proceedings arising out of the approval of the gang chart — culminating in the charge sheet dated 25.07.2024 and the cognizance order dated 21.10.2024 — are quashed and set aside.ratio¶¶17
The quashing order will not preclude the concerned authorities from re-initiating proceedings against the applicants in future, if required, strictly in accordance with law.ratio¶¶19

Detailed headnote1 paragraphs

Gangster Act — approval of gang-chart — Rule 5(3)(a) of Gangster Rules, 2021 prescribes a mandatory procedure for the approving authority at the time of forwarding and approving the gang-chart. Concerned authorities admitted that no minutes of meeting relating to the matter existed, minutes having been maintained only from 30.04.2024. Held, the mandated procedure being absent, the charge sheet dated 25.07.2024, the cognizance order dated 21.10.2024 and the entire proceedings of Special Session Trial No. 140 of 2024 (arising out of Case Crime No. 357 of 2023, Section 3(1) U.P. Gangster and Anti Social Activities (Prevention) Act, P.S. Rani Ki Sarai, District Azamgarh) stand quashed and set aside. Application under Section 528 BNSS allowed; however, the authorities are not precluded from re-initiating proceedings strictly in accordance with law. (Chawan Prakash, J.; High Court of Judicature at Allahabad; March 19, 2026)

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 46733 of 2025

Aman Yadav Alias Anam And 3 Others

.....Applicant(s) Versus

State of U.P. and Another

	.....Opposite Party(s)
Counsel for Applicant(s)	: Siddharth Rai
Counsel for Opposite Party(s)	: G.A.

Court No. - 80

HON'BLE CHAWAN PRAKASH, J.

Heard Sri Siddharth Rai, learned counsel for applicants and learned AGA appearing on behalf of State.

The instant application has been preferred with the prayer to quash the impugned charge sheet dated 25.07.2024 as well as impugned cognizance order dated 21.10.2024 and the entire proceedings of Special Session Trial no. 140 of 2024 (State Vs. Ramchandar Yadav @ Maiku and 16 others), arising out of Case Crime no. 357 of 2023, under Section 3(1) U.P. Gangster and Anti Social Activities (Prevention) Act, Police Station Rani Ki Sarai, District Azamgarh, pending in the court of learned Additional District and Sessions Judge/Special Judge, Gangster Act, Court No.6, Azamgarh.

Vide earlier order dated 06.01.2025, this Court granted time to learned AGA to obtain instructions.

Today, when the matter was taken up, learned AGA came up with specific instructions which was provided by concerned authorities to him through which, it is apparent that no minutes of meeting related to the present matter, is available with the concerned authorities since at that time, minutes of meeting was not prepared and the same was started from 30.04.2024. The said instructions are taken on record.

Learned counsel for applicant submitted that from the narrations available in the instructions itself, appears that procedure defines under

NA528 No. 46733 of 2025

2

Rule 5(3)(a) of Gangster Rules, 2021 has not been followed at the time of forwarding and approving the gang-chart and as such, entire proceedings of the present case may be set aside.

The argument raised by learned Senior Advocate appearing on behalf of applicant seems to be justified since 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 25.07.2024 thereafter the order passed by learned concerned court by way of taking cognizance of offence vide order on dated 21.10.2024, is hereby quashed and set aside.

7. The application stands allowed accordingly.

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

(Chawan Prakash,J.)

March 19, 2026 Md Faisal

Digitally signed by :- MOHD FAISAL High Court of Judicature at Allahabad