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IN THE HIGH COURT OF ALLAHABAD
Rajesh Singh Chauhan, J.
Brij Bhushan Sharan Singh – Appellant
Versus
State Of U.P. Thru. Addl. Chief Secy. U.P. Lko. – Respondent
| Table of Content |
|---|
| 1. application for quashing proceedings (Para 3) |
| 2. previous application dismissed (Para 4) |
| 3. reproduction of previous order (Para 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29) |
JUDGMENT :
Rajesh Singh Chauhan, J.
1. Heard Sri Sushil Kumar Singh (S.K. Singh), learned counsel assisted by Sri Janardan Singh, learned counsel for the applicant and Sri Ran Vijay Singh, learned Additional Government Advocate for the State.
2. Learned counsel for the applicant has filed Supplementary affidavit, today in the Court, the same is taken on record.
3. By means of this application/petition filed under Section 528 of Bharatiya Nyaya Sanhita , 2023 (Old U/S 482 Cr.P.C.), the applicant has prayed for the following relief:-
"For the facts, reasons and circumstances, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash and set aside the impugned order dated 31.07.2024, passed by the learned Additional Civil Judge, Magistrate Court Room No.1, (Special Court MP/ MLA), Gonda in Crime No.348 of 2014, under Section 341 I.P.C., Police Station-Kotwali Nagar, District-Gonda and further be pleased
Cognizance under Section 188 I.P.C. is invalid without a public servant's complaint, rendering related proceedings void.
The absence of sanction under Section 196 I.P.C. rendered the trial void ab initio, allowing for retrial after obtaining the required sanction.
Cognizance of offences under Sections 172 to 188 IPC requires a written complaint from the concerned public servant, as per Section 195 Cr.P.C., rendering proceedings without such complaint void.
Withdrawal of a complaint does not equate to acquittal under Section 257 of the CrPC for non-summons offences, emphasizing the necessity of jurisdiction and proper cognizance.
The main legal point established is that charges under Sections 188, 269, and 270 IPC cannot be initiated without a written complaint as per Section 195 of CrPC, and the court has the inherent jurisd....
The main legal point established in the judgment is that a criminal complaint can be quashed if it is barred by law under specific provisions of the Code of Criminal Procedure.
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