Neutral Citation No. - 2025:AHC:112719 Court No. - 72 Case :- APPLICATION U/S 482 No. - 43942 of 2024 Applicant :- Anzar Alias Anzar Ahmad And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anuj Kumar Gupta Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. Re:Crl. Misc. Amendment Application No.01 of 2025 1. Heard. 2. The application is allowed. 3. Counsel for the applicants is permitted to make correction/amendment during course of the day. Order Date :- 14.7.2025 Meenu Singh Court No. - 72 Case :- APPLICATION U/S 482 No. - 43942 of 2024 Applicant :- Anzar Alias Anzar Ahmad And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anuj Kumar Gupta Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicants; learned A.G.A. for the State and perused the record. 2. The present 482 Cr.P.C. application has been filed to quash the Charge sheet dated 20.08.2022; cognizance order dated 27.04.2023 as well as entire proceeding of Case No.922 of 2024 (State Versus Anzar and others), Case Crime No.203 of 2022, under Section 174-A I.P.C., P.S. Kailadevi, District Sambhal. 3. Counsel for the applicants submits that offence under Section 174-A I.P.C. against the applicant by way of F.I.R. is not maintainable. The cognizance taken by the learned Magistrate is without application of judicial mind. Counsel for the applicant has placed reliance upon the judgment passed by the Division Bench of this Court vide order dated 08.01.2024 in Sumit and Another Vs. State of U.P. and others, wherein the court has held that the court itself cannot take cognizance of the offence under Section174-A I.P.C. on the basis of Police report, then lodging the F.I.R. under Section 174-A I.P.C. is futile and will be against the provision of Section 195(1) (a)(i) Cr.P.C. Therefore, proceedings under Section174-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. against the accused and F.I.R. is barred by Section 195 (1) (a) (i) Cr.P.C. 4. Learned A.G.A. could not dispute the aforesaid facts. 5. In view of the above, the F.I.R. lodged by the opposite party no. 2 in Case No.922 of 2024 (State Versus Anzar and others), Case Crime No.203 of 2022, under Section 174-A I.P.C., P.S. Kailadevi, District Sambhal, is hereby quashed. However, it is open to the concerned court to file a written complaint against the applicants under Section 174-A I.P.C. as per Section 195(1) Cr.P.C., if there is no legal impediment 6. The application is allowed. Order Date :- 14.7.2025 Meenu Singh Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad