Allahabad High Court
Madan Bhaiyya @ Madan Gopal And Another vs State Of U.P. And Another on 23 February, 2023
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 87 Case :- APPLICATION U/S 482 No. - 6676 of 2023 Applicant :- Madan Bhaiyya @ Madan Gopal And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd Abdullah Tehami,Shahabuddin,Syed Mohammad Nawaz Counsel for Opposite Party :- G.A. Hon'ble Dinesh Kumar Singh,J.
1. Heard Sri Syed Mohammad Nawaz, learned counsel for the petitioners and learned counsel for the Respondent-State.
2. Present petition under section 482 Cr.P.C. has been filed seeking quashing of the entire criminal proceedings of Criminal Case No. 2560 of 2022 (State Vs. Madan Bhaiyya and Others); cognizance/summoning order dated 22.03.2022 pursuant to charge sheet dated 09.02.2022, arising out of Case Crime No. 51 of 2022, under Sections 188 and 171-H I.P.C., Police Station - Tronica City, District Ghaziabad pending in the court of learned ACJM-01, District Ghaziabad; and seeking stay of the aforesaid proceedings.
3. Learned counsel for the petitioners submits that under section 195 Cr.P.C., there is a bar for taking cognizance for the offfence under section 188 I.P.C. except on a complaint made by public servant. He has further submitted that neither any F.I.R. could have been registered for the offence under section 188 I.P.C. nor any chargesheet could have been filed.
4. It has further been submitted by the learned counsel for the petitioners that order of taking cognizance and initiating further proceedings are against the express provisions of section 195 Cr.P.C., therefore, they are void ab-initio.
5. It has further been submitted that lodging of the F.I.R. and filing of the charge sheet and taking cognizance on the said charge sheet are wholly illegal and against the bar created under section 195 Cr.P.C.
6. Learned A.G.A. does not dispute the fact that there is a bar created under section 195 Cr.P.C.
7. Considering the aforesaid position and taking into consideration the provisions of Section 195 Cr.P.C., this court is of the view that no cognizance could have been taken on the charge sheet submitted by the Investing Agency in F.I.R. under section 188 I.P.C. Thus, it is held that the impugned proceedings are void ab-initio inasmuch as they are against the provisions of section 195 Cr.P.C.
8. In view thereof, the present petition is allowed.
9.The proceedings of Criminal Case No. 2560 of 2022 (State Vs. Madan Bhaiyya and Others); cognizance/summoning order dated 22.03.2022 pursuant to charge sheet dated 09.02.2022, arising out of Case Crime No. 51 of 2022, under Sections 188 and 171-H I.P.C., Police Station - Tronica City, District Ghaziabad pending in the court of learned ACJM-01, District Ghaziabad, are hereby quashed.
Order Date :- 23.2.2023 Arun K. Singh