Allowed

Ashok Kumar Gupta v. State of U.P. Thru. Home Secy. Home Deptt. Lko. and Another

Allahabad HC2 May 2024/4029/2024

Case brief

AI extract

What is this about?

In this application under Section 482 Cr.P.C., the Court quashed the summoning order and chargesheet because the learned Magistrate took cognizance of offences including breach of order under Section 188 IPC, despite a statutory bar under Section 195 Cr.P.C. requiring a complaint by the public servant.

What did the court decide?

The impugned proceeding (summoning order dated 24.11.2021 and chargesheet dated 1.6.2021) is quashed. Liberty is given to the prosecution to proceed in accordance with Section 195 Cr.P.C.

Ashok Kumar Gupta Vs State of U.P. Thru. Home Secy. Home… — Quashing and FIR | Allahabad HC (2024)

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Court No. - 15

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Case :- APPLICATION U/S 482 No. - 4029 of 2024

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Applicant :- Ashok Kumar Gupta Opposite Party :- State Of U.P. Thru. Home Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Mahendra Pratap Singh,Sunil Kumar Bajpai Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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The present application has been filed by the applicant for quashing of the impugned summoning order dated 24.11.2021 as well as chargesheet dated 1.6.2021 in the proceeding under Section u/s 188, 269, 353, 504, 506 Indian Penal Code and Section 3 Pandemic Act and Section 51 Aapda Prabandhan Adhiniyam in the Crl. Misc. Case No.96239 of 2021.

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Heard learned counsel for the applicant and learned A.G.A. for respondent State.

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Notices to respondent no.2 are dispensed with.

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Learned counsel for the applicant submits that vide impugned order dated 24.11.2021 cognizance has been taken by the learned Magistrate under Section 188 I.P.C. along with other sections also.

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Learned counsel for the applicant submits that there is a specific bar under Section 195 Cr.P.C. that cognizance for an offence under Section 188 of the I.P.C. can be taken only on a complaint in writing of the Public Servant.

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Learned counsel for the applicant has further drawn attention of the Court towards Government Order dated 28.10.2021 and submits that cases of protocol breach during COVID-19 have been decided to be disposed of according to the aforesaid Government Order.

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Learned A.G.A. has opposed the contention of learned counsel for the applicant, however, does not dispute the statutory bar under Section

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195 Cr.P.C.

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Perused the record.

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On due consideration to the submissions advanced, the statutory bar imposed under Section 195 Cr.P.C. as also the impugned order dated 24.11.2021 which has been passed dehors the provisions of Section 195 Cr.P.C., the impugned proceeding (supra) is liable to be quashed.

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Accordingly, the application is allowed. The impugned proceeding (supra) is hereby quashed. However, liberty is given to the prosecution to proceed in accordance with law, in conformity with the provisions of Section 195 Cr.P.C.

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Order Date :- 2.5.2024 Madhu

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Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench

Ashok Kumar Gupta v. State of U.P. Thru. Home Secy. Home Deptt. Lko. and Another

Case brief

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Ashok Kumar Gupta v. State of U.P. Thru. Home Secy. Home Deptt. Lko. and Another

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