Tahir Abbas Naqvi vs State of U.P. Thru. Prin. Secy. Home Lko. and Another — Allahabad HC (2025) — LawSathi Research

Tahir Abbas Naqvi vs State of U.P. Thru. Prin. Secy. Home Lko. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim order only: notice ordered to opposite party no. 2 (steps within a week); matter listed for the last week of July, 2025; further proceedings of Criminal Case No. 79614 of 2024 stayed qua the applicant until the next date of listing. No final decision on quashing or on the Section 195 Cr.P.C. contention.

Issue for consideration

Whether the learned Magistrate could take cognizance on the charge sheet in respect of offences under Sections 147, 188 and 504 IPC when, per the bar under Section 195 Cr.P.C., an offence punishable under Section 188 IPC is cognizable only on the complaint in writing of the public servant concerned (or a public servant to whom he is immediately subordinate). +1 more

Ratio / Principle

Interim relief: till the next date of listing, further proceedings of Criminal Case No. 79614 of 2024 arising out of Case Crime No. 435 of 2019 (Sections 147, 188 and 504 IPC, Police Station Chowk, District Lucknow), pending before the learned Additional Chief Judicial Magistrate (CBI) (AP), Lucknow, shall remain stayed qua the applicant.

Key takeaways

The Court observed that the matter requires consideration and deferred final decision, directing notice to opposite party no. 2 (steps within a week; listing in the last week of July, 2025); whether cognizance breached the Section 195 Cr.P.C. bar was left to be examined at that later stage. The A.G.A., while opposing the prayer, had fairly conceded a complete bar under Section 195 Cr.P.C. on taking cognizance in regard to Section 188 IPC except on the public servant's complaint, but this concession is not this Court's holding.¶6

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Lucknow Bench), Court No. 11 | APPLICATION U/S 482 No. - 4465 of 2025 | Order dated 4.6.2025 | Hon'ble Justice Rajnish Kumar (single Judge). Applicant: Tahir Abbas Naqvi; Opposite Parties: State of U.P. (Thru. Prin. Secy. Home Lko.) and Another. Application under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (equivalent of S. 482 Cr.P.C.) praying to quash the order dated 22.8./2024 passed by the learned Additional Chief Judicial Magistrate (CBI) (AP), Lucknow in Warrant or summons Criminal Case No. 79614 of 2024 arising out of Case Crime No. 435 of 2019 (FIR No. 0435 dated 05.11.2019, Sections 147, 188, 295-A and 504 IPC, Police Station Chowk, District Lucknow), the charge sheet dated 07.02.2021, and the entire proceedings. Ground urged: cognizance was taken in violation of the bar under Section 195 Cr.P.C., under which an offence punishable under Section 188 IPC is cognizable only on the complaint in writing of the public servant concerned or an immediate subordinate; Sections 147 and 504 IPC were urged to be interconnected with Section 188 IPC. Counsel relied on Israr Ahmad v. State of U.P. (App. U/s 482 No. 12525 of 2023, order dated 03.01.2024), Smt. Saroj Mishra v. State of U.P. (App. U/s 482 No. 15919 of 2013, order dated 09.09.2019), both by co-ordinate Benches of this Court, and a bunch order dated 13.04.2017 of the High Court of Gujarat at Ahmedabad (leading case: Criminal Misc. Application (For Quashing & Set aside FIR/Order) No. 24632 of 2015). Learned A.G.A. opposed but fairly conceded the complete Section 195 Cr.P.C. bar in regard to Section 188 IPC. Disposition (interim): matter requires consideration; notice to opposite party no. 2, steps within a week, listing in the last week of July, 2025; further proceedings of Criminal Case No. 79614 of 2024 stayed qua the applicant till the next date of listing. No final ruling issued on the quashing prayer or the Section 195 Cr.P.C. bar.

Court No. - 11

Case :- APPLICATION U/S 482 No. - 4465 of 2025

Applicant :- Tahir Abbas Naqvi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Nadeem Murtaza,Harsh Vardhan Kediya,Snigdha Singh Counsel for Opposite Party :- G.A.

Hon'ble Rajnish Kumar,J.

Heard Shir Nadeem Murtaza, learned counsel for applicant, learned A.G.A. for the State and perused the material available on record.

By means of the present application under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (482 Cr.P.C.), the applicant has sought following prayer:-

"to quash order dated 22.8./2024 passed by learned Additional Chief Judicial Magistrate (CBI) (AP), Lucknow in Warrant or summons Criminal Case No. 79614 of 2024 arising out of Case Crime No. 435 of 2019, under Sections 147, 188 and 504 IPC, Police Station Chowk, District Lucknow as well as charge sheet dated 07.02.2021 submitted by the Investigating Officer in the aforesaid case and entire proceedings of the aforesaid case may also be quashed."

Learned counsel for applicant has submitted that FIR No. 0435 dated 05.11.2019 under Sections 147, 188, 295-A and 504 IPC was lodged at Police Station Chowk, District Lucknow in utter violation of Section 195 Cr.P.C. and in pursuance thereof, after investigation, the charge sheet was filed but learned Magistrate has taken cognizance without considering the bar under Section 195 Cr.P.C., according to which, the court cannot take cognizance of any offence punishable under Section 188 IPC except on the complaint in writing of the public servant concerned or of some other public servant to whom he is immediate subordinate. He further submits that charge sheet has been filed under Sections 147, 188 and 504 IPC and perusal of the offence indicates that Sections 147 and 504 IPC are interconnected with Section 188 IPC in view of the allegations against the applicant.

In support of his aforesaid submissions, learned counsel for applicant relies upon a judgment and order dated 03.01.2024 passed in Application U/s 482 No. 12525 of 2023 (Israr Ahmad Vs. State of U.P. and another) and judgment and order dated 09.09.2019 passed in Application U/s 482

No. 15919 of 2013 (Smt. Saroj Mishra Vs. State of U.P. and another), both passed by co-ordinate Benches of this Court and judgment and order dated 13.04.2017 passed in bunch of cases leading being Criminal Misc. Application (For Quashing & Set aside FIR/Order) No. 24632 of 2015 passed by High Court of Gujarat at Ahmedabad.

Learned A.G.A. for the State though has opposed the prayer but could not controvert the aforesaid submissions. He fairly submits that there is complete bar under Section 195 Cr.P.C. of taking cognizance except on complaint made by public servant in regard to Section 188 IPC.

The matter requires consideration.

Issue notice to opposite party no. 2.

Steps to be taken within a week.

List in the last week of July, 2025.

Till the next date of listing, further proceedings of Criminal Case No. 79614 of 2024 arising out of Case Crime No. 435 of 2019, under Sections 147, 188 and 504 IPC, Police Station Chowk, District Lucknow pending in the court of learned Additional Chief Judicial Magistrate (CBI) (AP), Lucknow shall remain stayed qua the applicant.

(Rajnish Kumar, J.)

Order Date :- 4.6.2025/Virendra

Digitally signed by :- VIRENDRA KUMAR GUPTA High Court of Judicature at Allahabad, Lucknow Bench