Ganga Prasad Pandey vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Ganga Prasad Pandey vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application u/s 482 Cr.P.C. allowed; proceedings under section 174-A I.P.C. in Criminal Case No.2538 of 2019 (arising out of Case Crime No.1069 of 2017, State vs. Ganga Prasad Pandey) quashed, with direction that any complaint found under the aforesaid proceeding may be entertained as a complaint case and proceeded with thereafter.

Issue for consideration

Whether the proceedings under section 174-A I.P.C. founded on a police report/FIR (rather than on the written complaint of the court that initiated proceedings under section 82 Cr.P.C.), together with the charge-sheet No.480 of 2018, cognizance order dated 26.11.2019 and Criminal Case No.2538 of 2019, are illegal and liable to be quashed in view of the Division Bench judgment in Sumit and another vs. State of U.P. and others, 2024(126) ACC 772.

Court's answer

Acting in view of the Division Bench judgment in Sumit and another vs. State of U.P. and others, 2024(126) ACC 772, the Court quashed the proceedings under section 174-A I.P.C. in Criminal Case No.2538 of 2019 arising out of Case Crime No.1069 of 2017 (State vs. Ganga Prasad Pandey), with the direction that if the court finds a complaint under the aforesaid proceeding, it can be entertained as a complaint case and proceeded with thereafter.

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Deepak Verma, J.; Neutral Citation No. 2025:AHC:71202) allowed an application under Section 482 Cr.P.C. filed by Ganga Prasad Pandey and quashed the proceedings of Criminal Case No.2538 of 2019, arising out of Case Crime No.1069 of 2017 (State vs. Ganga Prasad Pandey), under section 174-A I.P.C., pending before the Additional Chief Judicial Magistrate, Court No.8, Allahabad, which flowed from charge-sheet No.480 of 2018 dated 06.09.2018 and cognizance order dated 26.11.2019. Acting in view of the Division Bench judgment in Sumit and another vs. State of U.P. and others, 2024(126) ACC 772 — under which, as submitted by learned counsel, cognizance of the offence under section 174-A of the Indian Penal Code cannot be taken on the basis of a police report, the lodging of an FIR under section 174-A I.P.C. is futile and hit by section 195(a)(i) Cr.P.C., and proceedings under section 174-A I.P.C. can be initiated only on the written complaint of the court that had initiated proceedings under section 82 Cr.P.C. — the Court quashed the section 174-A I.P.C. proceedings with the direction that if the court finds a complaint under the aforesaid proceeding, it can be entertained as a complaint case and proceeded with thereafter.

Neutral Citation No. - 2025:AHC:71202

Court No. - 84

Case :- APPLICATION U/S 482 No. - 37103 of 2024 Applicant :- Ganga Prasad Pandey Opposite Party :- State of U.P. and Another Counsel for Applicant :- Hari Shankar Chaurasia,Prem Chandra Chaurasia,Prem Pushp Chaurasia Counsel for Opposite Party :- G.A.

Hon'ble Deepak Verma,J.

Heard learned counsel for the applicant and learned AGA for the State.

The present 482 Cr.P.C. application has been filed to quash the impugned charge-sheet No.480 of 2018 dated 06.09.2018, cognizance order dated 26.11.2019 as well as to quash the entire proceedings of Criminal Case No.2538 of 2019 arising out of Case Crime No.1069 of 2017 (State vs. Ganga Prasad Pandey), under section 174-A I.P.C., Police Station Handia, District Prayagraj, pending in the court of Additional Chief Judicial Magistrate, Court No.8, Allahabad.

Learned counsel for the applicant submits that instant proceeding under section 174 I.P.C. is illegal and arbitrary in view of Division Bench judgment passed in Sumit and another vs. State of U.P. and others, 2024(126) ACC 772 , as Division Bench of this Court has held that Court cannot take the cognizance of the offence under section 174-A of the Indian Penal Code on the basis of the police report and as such the lodging of the FIR under section 174-A I.P.C. is futile and is hit by the provisions of section 195(a)(i) Cr.P.C. Proceedings under section 174-A I.P.C. can be initiated only on the basis of written complaint of the court which had initiated proceedings under section 82 Cr.P.C.

In view of that proceeding under section 174-A I.P.C., Criminal Case No.2538 of 2019 arising out of Case Crime No.1069 of 2017 (State vs. Ganga Prasad Pandey), under section 174-A I.P.C. is, hereby, quashed with the direction that if court finds complaint under aforesaid proceeding, can entertain it as complaint case and proceed thereafter.

Hence, the Application u/s 482 Cr.P.C. is allowed .

Order Date :- 5.5.2025 SKD

Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad