Neutral Citation No. - 2025:AHC:35111 Court No. - 79 Case :- MATTERS UNDER ARTICLE 227 No. - 13605 of 2024 Petitioner :- Bhanu Pratap Singh Respondent :- State of U.P. and Another Counsel for Petitioner :- Ramesh Chandra Yadav Counsel for Respondent :- G.A.,Prabhat Chandra Mishra Hon'ble Saurabh Srivastava,J. 1. Heard Sri Ramesh Chandra Yadav, learned counsel for petitioner and Sri Prabhat Chandra Mishra, learned counsel for respondent no.2 as well as learned AGA for the State. 2. The instant petition has been preferred for challenging the order dated 22.07.2024 passed by learned Additional Sessions Judge, Court No.1, Meerut passed in Criminal Revision No.188 of 2023 (Bhanu Pratap Singh Vs. State of U.P. and another) whereby revision was dismissed by way of affirming the summoning order dated 15.07.2013 passed by learned Special Chief Judicial Magistrate, Meerut under Sections 395, 452, 323, 325 IPC and Section 3(2)5 of SC/ST Act, in Case No.884 of 2013 (Manoj Vs. Bhanu Pratap Singh), P.S. Parikshitgarh, District Meeurt. Further prayer to quash the order issuing NBW against petitioner in the said case. 3. While challenging the orders impugned, learned counsel for petitioner submitted that impugned summoning order has been passed without due compliance of Section 197 Cr.P.C. since the petitioner was a Government servant at the time of alleged incident who was working as Station Office of Parikshitgarh Police Station. Learned counsel for petitioner further submitted that prior to the present case, an FIR has already been lodged by petitioner against respondent no.2 along with ten other persons and due to which, respondent no.2 implicated the petitioner in the present case only to harass him. It has also been submitted by learned counsel for petitioner that without considering the said facts, learned court concerned summoned the petitioner alongwith other police personnels without complying the mandatory provisions of Section 197 Cr.P.C. and the criminal revision filed against the said order was dismissed by learned revisional court, is against the law and as such, impugned order may be quashed. 4. Per contra, learned counsel for respondent no.2 and learned AGA for the State vehemently opposed the prayer as made in the appeal and supported the order impugned. 5. Precise query has been made before learned AGA that whether any sanction has been mentioned or sought by the learned court concerned before summoning the petitioner vide order dated 15.07.2023, the same has been replied that there is hardly any averment or material available with regard to grant of sanction under Section 197 Cr.P.C. 6. After hearing rival submissions extended by learned counsel for the parties, it is crystal clear that the allegation extended against the petitioner, was of the time when he was discharging his duties as a Government servant and as such, as per the mandatory provisions defined under Section 197 of Cr.P.C, the sanction must be accorded and without receiving the same, summoning order has been passed against the petitioner which is not sustainable in the eye of law and as such, the same is liable to be set aside. 7. In view thereof, summoning order dated 15.07.2013 passed by learned Special Chief Judicial Magistrate, Meerut in Case No.884 of 2013 as well as order dated 22.07.2024 passed by learned Additional Sessions Judge, Court No.1, Meerut passed in Criminal Revision No.188 of 2023 along with order issuing NBW against petitioner in the said case, are hereby set aside qua to the petitioner herein only, matter is hereby remitted back to learned court concerned at the stage of taking cognizance who shall pass fresh order, if required, after due compliance of Section 197 of Cr.P.C. 8. The instant petition is allowed accordingly. Order Date :- 10.3.2025 Vivek Kr. Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad