Neutral Citation No. - 2025:AHC-LKO:44816 Court No. - 11 Case :- APPLICATION U/S 482 No. - 6083 of 2025 Applicant :- Mukesh Srivastava Alias Gyanendra Pratap Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Another Counsel for Applicant :- Pranshu Agrawal,Mohd. Yasir Abbasi Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. The present application has been filed by the applicant under Section 482 Cr.P.C. for quashing of the impugned Charge-sheet vide case no.17549 of 2025 arising out of FIR/Crime No.197 of 2023 under section 188/171-H/269 IPC, Police Station Payagpur, Bahraich along with the impugned cognizance order dated 4.4.2025 along with all consequential proceedings pending in the Court of Additional Civil Judge (S.D.)/A.C.J.M., Bahraich. 2. Heard learned counsel for the applicants and learned A.G.A. for respondent State. 3. Notices to respondent no.2 are dispensed with. 4. Learned counsel for the applicants submits that after investigation in FIR/Crime No.197 of 2023 (supra) the Investigating Officer has filed charge-sheet. Learned trial court vide the impugned order dated 4.4.2025 has taken cognizance and issued the summons. 5. Learned counsel for the applicant submits that there is a specific bar under Section 195 Cr.P.C. that cognizance for an offence under Section 188 of the I.P.C. can be taken only on a complaint in writing of the Public Servant. Ingredients of Section 171-H of IPC are missing. The prosecution did not conduct any medical test for attracting Section 269 of IPC. Cognizance order is also hit by Section 468 Cr.P.C. 6. Learned A.G.A. has opposed the contention of learned counsel for the applicant, however, does not dispute the statutory bar under Section 195 Cr.P.C. Perused the record. 7. On due consideration to the submissions advanced, the statutory bar imposed under Section 195 Cr.P.C. as also the impugned order dated 4.4.2025 which has been passed dehors the provisions of Section 195 Cr.P.C., the impugned proceeding (supra) is liable to be quashed. 8. Accordingly, the application is allowed. The impugned proceeding (supra) is hereby quashed. However, liberty is given to the prosecution to proceed in accordance with law, in conformity with the provisions of Section 195 Cr.P.C. Order Date :- 1.8.2025 Anurag Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench