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Showing contexts for: section 188 of indian penal code in Hazi Akbar Hussain vs State Of U.P. And Anr on 9 August, 2024Matching Fragments
1. Heard learned counsel for the applicant and learned AGA for the State.
2. The present application under Section 482 Cr.P.C. has been filed for quashing of the entire proceedings, including charge-sheet dated 12.03.2017, of Criminal Case No. 745 of 2017, (State v. Hazi Akbar Husain), arising out of Case Crime No. 167 of 2017, under Section 171-H, 188 IPC, Police Station Munda Pandey, District Moradabad, pending in the court of Additional Chief Judicial Magistrate-IInd, Moradabad.
3. Learned counsel for the applicant submits that no prima facie case is made out against the applicant/accused. In view of the provisions under Section 195 Cr.P.C., the prosecution of applicant for the offence under Section 188 IPC is permissible only on a complaint in writing made by the competent officer, whose order could have been violated by the accused. The prosecution for offence under Section 188 IPC cannot be initiated on a police report filed under section 173(2) CrPC.. It was submitted that cognizance for offence under Section 188 IPC against the applicant is against the law.
9. In view thereof, taking cognizance for offence under Section 188 IPC by the learned Trial Court is hit by Section 195 Cr.P.C. and therefore, the order taking cognizance for offence under Section 188 IPC against the applicant on a police report is not sustainable and impugned proceedings under section 188 IPC are liable to be quashed.
10. So far the offence under Section 171-H IPC is concerned, it would be relevant to reproduce the provisions of section 171-H IPC, which reads as under:
"[171H. Illegal payments in connection with an election.--Whoever without the general or special authority in writing of a candidate incurs or authorises expenses on account of the holding of any public meeting, or upon any advertisement, circular or publication, or in any other way whatsoever for the purpose of promoting or procuring the election of such candidate, shall be punished with fine which may extend to five hundred rupees:
16. In the instant matter, considering the allegations made in the first information report and the material collected during investigation, no prima facie case under Section 171-H IPC is made out. So far the offence under sections 188 IPC is concerned, as stated above, no complaint of public servant was filed in terms of Section 195 CrPC and the charge-sheet submitted by the police cannot be treated to be a complaint and thus, the cognizance of the offence under section 188 IPC is hit by the bar of Section 195 Cr.P.C. Thus, the instant case falls within the categories carved out by the Hon'ble Apex Court for quashing of proceedings. Therefore, no useful purpose would be served by subjecting the applicant/accused to trial.
17. In view of aforesaid, the impugned proceedings, including the charge-sheet, of Criminal Case No. 745 of 2017, (State v. Hazi Akbar Husain), arising out of Case Crime No. 167 of 2017, under Section 171-H, 188 IPC, Police Station Munda Pandey, District Moradabad, pending in the court of Additional Chief Judicial Magistrate-IInd, Moradabad are hereby quashed.
18. The application under Section 482 CrPC is allowed.
Order Date :- 09.08.2024 Anand