Umesh Chandra @ Umesh Rawat And 3 Others vs State Of U.P. Thru. Prin. Secy. Home Lko. ...
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Allahabad High Court

Umesh Chandra @ Umesh Rawat And 3 Others vs State Of U.P. Thru. Prin. Secy. Home Lko. ... on 1 May, 2024

Author: Karunesh Singh Pawar

Bench: Karunesh Singh Pawar

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2024:AHC-LKO:33998
 

 
Court No. - 15
 

 
Case :- APPLICATION U/S 482 No. - 3988 of 2024
 

 
Applicant :- Umesh Chandra @ Umesh Rawat, Ram Lakhanaged, Anil Kumar alias Anil Gautam and Sarvendra Mishra
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another
 
Counsel for Applicant :- Ajeet Kumar
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Karunesh Singh Pawar,J.
 

1.The petition has been filed under Section 482 CrPC for quashing summoning order dated 8.11.2022 and charge sheet dated 15.4.2022 and entire criminal proceeding of case No.1648 of 2024 State versus Arvind Maurya arising out of case crime No.38 of 2022 under sections 171H/188 I.P.C., P.S. Dewa, district Barabanki, pending in the court of ACJM, Court No.17, Barabanki.

2.Heard learned counsel for the petitioners and learned A.G.A. for the State.

Notice to respondent No.2 is dispensed with in view of the proposed order.

3.Learned counsel for the petitioners submits that initially charge sheet No.45 of 2022 dated 5.2.2022 was filed which was assailed by the accused in that charge sheet, namely, Arvind Kumar Maurya and six others by filing application under section 482 CrPC No.3539 of 2024. The proceeding in pursuance to charge sheet dated 5.2.2022 was quashed vide order dated 18.4.2024 by a coordinate Bench of this Court. Thereafter, supplementary charge sheet has been filed by police, bearing No.45A of 2022 dated 15.4.2022 under sections 171H/188 I.P.c., P.S. Dewa, district Barabanki.It is submitted that again, ignoring the judgment passed on 18.4.2022 (supra), learned Magistrate without application of mind and without adverting to the bar imposed under section 195 CrPC which provides that no Court shall take take cognizance of any offence punishable under section 188 I.P.C. besides other sections except on a complaint in writing by the public servant concerned or of some other public servant to whom he is administratively subordinate and not otherwise. It is submitted that in the case in hand, no complaint in writing as envisaged in Section 195 CrPC. has been filed. Thus, the impugned summoning order is liable to be quashed.

4.In view of the above, considering the statutory provisions contained in Section 195 CrPC, the impugned cognizance/ summoning order is quashed.

5.The petition is allowed accordingly.

Order Date :- 1.5.2024

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