Neutral Citation No. - 2025:AHC:83748 Court No. - 87 Case :- APPLICATION U/S 482 No. - 22086 of 2016 Applicant :- Aniruddh Singh And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Bharat Singh Counsel for Opposite Party :- G.A.,Ram Milan Mishra Hon'ble Prashant Kumar,J. 1. Heard Shri Bharat Singh, learned counsel for applicants, Shri Ram Milan Mishra, learned counsel for the opposite party no. 2, learned A.G.A. for the State-respondent no.1 and perused the record. 2. This application under Section 482 Cr.P.C. has been filed with the request to quash the entire proceedings of Case No. 5081 of 2015 (State vs. Aniruddh Singh and others) pending in the court of learned Additional Chief Judicial Magistrate -6, Moradabad arising out of Case Crime No. 420 of 2012, under section 147, 149, 452, 294, 506, I.P.C., P.S. Civil Lines, District Moradabad and also to quash the impugned charge-sheet no. 20 dated 29.01.2013. 3. Learned counsel for the applicants submitted that the present F.I.R. was lodged on 02.06.2012 for the incident dated 19.04.2012 with the allegation that applicant and other accused persons entered into the premises of opposite party no. 2 and illegally tried to seal the same and also tried to outrage the modesty of the opposite party no. 2. After detailed investigation police has submitted charge-sheet on 29.01.2013, upon which learned Magistrate has taken cognizance and issued summons against the applicants on 31.01.2013. The same is under challenge by way of the instant application. 4. Learned counsel for the applicants submits that the applicants are employees of Nagar Nigam, Moradabad and opposite party no. 2 had taken hotel and banquet hall which belongs to Moradabad Development Authority. He further submits that prior to lodging of the F.I.R., Moradabad Development Authority had issued notice on on 17.06.2011 with regard to outstanding amount of tax over the property i.e. House tax Rs. 17,78,700 and water tax Rs. 17,78,700/- and it was also clarified by letter dated 04.07.2011 that the said property had been given on lease of 20 years to the opposite party no. 2. Thereafter competent authority Nagar Nigam Moradabad had issued notice to opposite party no. 2 on 13.04.2012 with regard to outstanding tax amounting Rs. 35,57,400/-. In pursuance thereof opposite party no.2 had given an application to the Commissioner, Nagar Nigam, Moradabad on 16.4.2012 mentioning therein that the opposite party no.2 is the lease holder of the aforesaid property and the dues of Rs 35,57,400/- towards house tax and water tax are over that building and she is not in a position to pay the entire amount in one time and made a prayer that she is depositing Rs 10 lakhs, out of which Rs 8 lakhs through cheque and Rs 2 lakhs cash and she has deposited Rs 2 lakhs cash to the Department and given cheque of Rs 8 lakhs in the name of the Commissioner, Nagar Nigam, Moradabad dated 16.4.2012. He further submits that the cheque was dishonored, thereafter, applicants visited the premises and sealed it. 5. He further submits that thereafter in counter blast opposite party no. 2 lodged the impugned F.I.R. with the allegation aforesaid. He further submits that the F.I.R. has been lodged just to put undue pressure upon the Nagar Nigam Moradabad, entire criminal proceedings are nothing but abuse of the process of law. He further submits that applicants are Government Employees and as per Section 197 Cr.P.C. prior sanction is required. He further submits that Investigating officer has committed legal error in submitting charge-sheet against the applicant and learned Magistrate has also committed error in law in taking cognizance against the applicants. 6. Today when the matter is taken up, no one has put appearance on behalf of the opposite party no. 2 even in the revised call of the cause list, in spite of being served. 7. Per contra, learned AGA submits that the trial court after adducing the evidence on record issued summoning order against the applicants, there is no illegality in the same, therefore, no interference is required by this Court. 8. Heard the submissions advanced by the learned counsel for the parties and perused the record. It is apparent that the applicants are Government Officers who were carrying out their duty, there were outstanding dues over the property which the opposite party no. 2 was supposed to pay. She wrote a letter to the Commissioner, Nagar Nigam, Moradabad showed his inability to pay and also prayed that she is depositing Rs 10 lakhs, out of which Rs 8 lakhs through cheque and Rs 2 lakhs cash against total outstanding amount of tax Rs. Rs 35,57,400/-. When the cheque was dishonored, applicants visited the premises and sealed it. As a counter blast to the aforesaid proceeding opposite party no. 2 had initiated the instant criminal proceedings against the employees of the Nagar Nigam Moradabad, which is nothing but a pure abuse of process of law. 9. Surprisingly, the trial court has also taken cognizance and issued summoning order against the applicant without considering the bar provided under section 197 Cr.P.C. against the Government Officials. Entire proceedings initiated against the applicants is nothing but pure abuse of process of law and liable to be quashed. 10. The application under Section 482 is allowed. The criminal proceedings initiated against the applicants in entire proceedings of Case No. 5081 of 2015 (State vs. Aniruddh Singh and others) pending in the court of learned Additional Chief Judicial Magistrate -6, Moradabad arising out of Case Crime No. 420 of 2012, under section 147, 149, 452, 294, 506, I.P.C., P.S. Civil Lines, District Moradabad are hereby quashed. Order Date :- 19.5.2025 Bhanu Digitally signed by :- BHANU PRATAP KUSHWAHA High Court of Judicature at Allahabad Digitally signed by :- BHANU PRATAP KUSHWAHA High Court of Judicature at Allahabad