HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7107 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. In view of the proposed order, the issuance of notice to opposite party no. 2 is hereby dispensed with. Heard learned counsel for the applicants, learned AGA for the State and perused the record. The instant application under Section 482 Cr.P.C. has been filed by the applicants with the prayer to quash the chargesheet No. 01 of 2022, dated 07.02.2023 in Case No. 11683 of 2023; State Vs. Hari Priya Dubey and others, arising out of Case Crime No. 296 of 2022, under Section 323 IPC, Police Station Madiyaon, District Lucknow and summoning order dated 07.02.2023 as well as entire proceedings in pursuance thereof. It is argued by learned counsel for the applicants that the First Information Report was lodged under Section 323 IPC and the learned trial court has erroneously taken cognizance under Section 323 IPC which is impermissible as per the provisions of Section 2(d) of the Code of Criminal Procedure. He submits that the cognizance taken; vitiates in the eyes of law, thus, submission is that the criminal proceedings against the applicants may be quashed. Versus Counsel for Applicant(s) : Ajay Kumar Pandey, Devki Nandan Counsel for Opposite Party(s): G.A. Hari Priya Dubey And 2 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And Another .....Opposite Party(s) Learned Counsel appearing for the State could not opposed the contentions aforesaid. Considering the submissions of learned counsel for the parties and after perusal of record, particularly the order dated 07.02.2023 which is passed while taking the cognizance under Section 323 IPC, barred by the provisions of Section 2(d) of Cr.P.C., the criminal proceedings of Case No. 11683 of 2023; State Vs. Hari Priya Dubey and others, arising out of Case Crime No. 296 of 2022, under Section 323 IPC, Police Station Madiyaon, District Lucknow and summoning order dated 07.02.2023, are hereby set aside. The learned trial court is at liberty to proceed afresh. The instant application is allowed accordingly. August 28, 2025 kkv/ A482 No. 7107 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench