Ajeet Pratap Singh vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Ajeet Pratap Singh vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing of the entire proceedings of Criminal Case No. 9224 of 2024 (State v. Ajeet Pratap Singh), the impugned charge-sheet dated 15.04.2023 (Case Crime No. 552 of 2022, S.174-A IPC, P.S. Sadar Bazar, District Saharanpur) and the impugned cognizance order dated 03.07.2024 of the learned C.J.M., Saharanpur; with liberty left to the court concerned to file a written complaint against the applicant under S.174-A IPC as per S.195(1) Cr.P.C., if there is no legal impediment.

Issue for consideration

Whether the criminal proceedings in Criminal Case No. 9224 of 2024, founded on the charge-sheet (police report) dated 15.04.2023 in Case Crime No. 552 of 2022 under S.174-A IPC together with the Magistrate's cognizance order dated 03.07.2024, are illegal and an abuse of the process of Court — proceedings under S.174-A IPC being initiatable only by written complaint of the court per S.195(1)(a)(i) Cr.P.C. — and ought to be quashed under S.482 Cr.P.C.

Court's answer

In view of the Division Bench judgment of this Court dated 08.01.2024 (Sumit and another v. State of U.P. and 2 others), the Court quashed the entire criminal proceeding of Criminal Case No. 9224 of 2024, arising out of the impugned charge-sheet dated 15.04.2023 in Case Crime No. 552 of 2022 under S.174-A IPC, P.S. Sadar Bazar, District Saharanpur, as well as the impugned cognizance order dated 03.07.2024, pending before the learned C.J.M., Saharanpur.

Ratio / Principle

It remains open to the court concerned to file a written complaint against the applicant under S.174-A IPC, as per S.195(1) Cr.P.C., provided there is no legal impediment.

Detailed headnote1 paragraphs

Application under S.482 Cr.P.C. by Ajeet Pratap Singh to quash the entire proceedings of Criminal Case No. 9224 of 2024 (State v. Ajeet Pratap Singh) pending before the learned C.J.M., Saharanpur — comprising the charge-sheet dated 15.04.2023 submitted in Case Crime No. 552 of 2022 under S.174-A IPC, Police Station Sadar Bazar, District Saharanpur, and the cognizance order dated 03.07.2024 — ALLOWED by the High Court of Judicature at Allahabad (Deepak Verma, J.; Order dated 13.5.2025). Acting on the Division Bench judgment of the same Court in 'Sumit and another Vs. State of U.P. and 2 others' (order dated 08.01.2024), whose paras 24-25 (quoted in this order) hold that cognizance of an offence under S.174-A I.P.C. cannot be taken on a police report, that lodging an F.I.R. under S.174-A I.P.C. is barred by S.195(1)(a)(i) Cr.P.C., and that such proceedings can be initiated only on the written complaint of the court which had initiated proceedings under S.82 Cr.P.C., this Court quashed the entire criminal proceeding, the charge-sheet and the cognizance order. The court concerned was left free to file a written complaint against the applicant under S.174-A I.P.C. as per S.195(1) Cr.P.C., if there is no legal impediment. (Within the quoted text of the Division Bench judgment, the single-Bench judgment in Moti Singh Sikarwar and the Delhi High Court judgment in Maneesh Goomer are stated to have 'not laid down correct law'; this Court did not independently engage with them.)

Neutral Citation No. - 2025:AHC:77554

Court No. - 84

Case :- APPLICATION U/S 482 No. - 31216 of 2024

Applicant :- Ajeet Pratap Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashok Kumar Singh Bais Counsel for Opposite Party :- G.A.

Hon'ble Deepak Verma,J.

Supplementary affidavit, filed today, is taken on record.

Heard learned counsel for the applicant, learned counsel for the informant as well as learned A.G.A for the State and perused the record.

The present application under Section 482 Cr.P.C. has been filed to quash the entire proceeding of Criminal Case No. 9224 of 2024, State Versus Ajeet Pratap Singh, arising out of the impugned charge sheet dated 15.04.2023 submitted in connection with Case Crime No.552 of 2022, Under sections 174-A, IPC Police Station Sadar Bazar, District Saharanpur as well as impugned cognizance order dated 03.07.2024 passed by learned C.J.M., Saharanpur, pending before the learned C.J.M. Saharanpur.

Learned counsel for the applicant submits that proceedings under Section 174-A IPC against the applicant is illegal and abuse of process of Court and cognizance taken by learned Magistrate is without application of judicial mind. He further submitted that Division Bench of this Court, in the case of "Sumit and another Vs. State of U.P. and 2 others", vide order dated 08.01.2024, has observed in para 24 and 25, the same is quoted herein below:-

"24. Therefore, if the court itself cannot take cognizance of the offence u/s 174-A I.P.C. on the basis of police report, then lodging the F.I.R. u/s 174-A I.P.C. is futile, and will be against the provision of Section 195(1)(a)(i) Cr.P.C. Therefore, proceedings u/s 174-A I.P.C. can be initiated only on the basis of written complaint of the court which had initiated proceedings u/s 82 Cr.P.c. against the accused and F.I.R. is barred by Section 195(1)(a)(i) Cr.P.C.

25. This Court also holds that judgement of Single Benches of Allahabad High Court in Moti Singh Sikarwar (supra) as well as of Delhi High Court in Maneesh Goomer (supra) have not laid down correct law regarding interpretation of Section 174-A I.P.C. read with Section 195(1)(a)(i) Cr.P.C."

In view of Division Bench judgment of this Hon'ble Court,

passed on 08.01.2024, the entire criminal proceeding of Criminal Case No. 9224 of 2024, arising out of impugned charge sheet dated 15.04.2023 submitted in connection with Case Crime No.552 of 2022, Under sections 174-A, IPC Police Station Sadar Bazar, District Saharanpur as well as impugned cognizance order dated 03.07.2024, pending before the learned C.J.M. Saharanpur, is hereby quashed.

However, it is open to the court concerned to file a written complaint against the applicant U/s 174-A I.P.C., as per Section 195(1) Cr.P.C., if there is no legal impediment.

With the aforesaid observation, the present 482 application is hereby allowed .

Order Date :- 13.5.2025 Nitin Verma

Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad