Neutral Citation No. - 2025:AHC:119553 Court No. - 77 Case :- APPLICATION U/S 482 No. - 44358 of 2024 Applicant :- Mohini Sharma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rakesh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the applicant and learned AGA for the State. 2. The present application under Section 482 Cr.P.C. has been filed for quashing of the entire proceedings of Case No.1064 of 2020, (State Vs. Mohini Sharma and Others) arising out of Case Crime No.650 of 2017, under Sections 188, 171-G I.P.C. and section 123 of People Representative Act, Police Station- Khoda, District- Ghaziabad, pending in the court of learned Additional Civil Judge (S.D.), Court No.2, Ghaziabad including charge-sheet dated 19.09.2019 and cognizance/summoning order dated 24.07.2020. 3. Learned counsel for the applicant submitted that in view of the bar prescribed under Section 195 Cr.P.C., the prosecution of applicant for the offence under Section 188 IPC, is permissible only on a complaint in writing made by the competent officer, whose order could have been violated by the accused. The prosecution for offence under Section 188 IPC cannot be initiated on a police report. It was submitted that cognizance for offence under Section 188 IPC against the applicant, is wholly against the law. 4. In so far as section 171-G I.P.C. and section 123 of People Representative Act are concerned, learned counsel for applicant submitted that the allegation with regard to these sections are not corroborated with the prosecution story and the cognizance of offence in pursuance to above sections take up learned court concerned is in cyclostyle manner and without application of judicial mind. 5. Per contra, learned AGA vehemently opposed the prayer sought through the instant application, but he did not dispute the submissions as made by learned counsel for applicant. 6. After hearing rival submissions extended by learned counsel for the parties and by bare perusal of record, the arguments raised by learned counsel for applicant seems to be justified specifically with regard to the fact that there is gross violation of section 195 Cr.P.C. in the instant matter, which is not permissible in the eye of law. 7. In view of the aforesaid discussions, the entire proceedings initiated against the applicant in pursuance to Case No.1064 of 2020, (State Vs. Mohini Sharma and Others) arising out of Case Crime No.650 of 2017, under Sections 188, 171-G I.P.C. and section 123 of People Representative Act, Police Station- Khoda, District- Ghaziabad, pending in the court of learned Additional Civil Judge (S.D.), Court No.2, Ghaziabad including charge-sheet dated 19.09.2019 and cognizance/summoning order dated 24.07.2020, are hereby set-aside. 8. Accordingly, the instant application stands allowed. Order Date :- 22.7.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad