HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 8107 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. Heard learned counsel for the applicant and learned AGA for the State as well as perused the record. The instant application under Section 482 Cr.P.C. has been filed with the prayer to quash the chargesheet No. 67 of 2012, dated 01.07.2012 in Criminal Case No. 2009 of 2025; State Vs. Ram Murti Chaurasiya, arising out of FIR No. 09 of 2012, Case Crime No. 25 of 2012, under Section 188 of IPC, Police Station Lambhua, District Sultanpur and summoning order dated 31.10.2012, as well as entire proceedings in pursuance thereof. It is argued by learned counsel for the applicant that an FIR was lodged under Section 188 of IPC bearing Case Crime No. 25 of 2012 at Police Station Lambhua, District Sultanpur and, thereafter, the investigation conducted and chargesheet was filed on 01.07.2012. He submits that the cognizance was taken and summons were issued but in fact, the same was not served upon the applicant and it was first time served on 07.08.2025. He submits that the offence under Section 188 of IPC is covered with the provisions of Section 195 Sub Section (1)(a)(i) of Code of Criminal Procedure and, therefore, there is bar for taking cognizance on such offence by the trial court. He added that Versus Counsel for Applicant(s) : Umesh Chandra, Desh Raj Chaurasiya Counsel for Opposite Party(s): G.A. Ram Murti Chaurasiya .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) apparently the learned Magistrate has taken cognizance and summons have also been issued and, therefore, the same goes against the mandate of the provisions of Section 195 Sub Section 1(a)(i) of the Cr.P.C.. The learned Counsel for the State could not refute the contentions aforesaid. Considering the submissions of learned counsel for the parties and perusal of record, particularly the fact that the FIR was lodged under Section 188 of IPC and chargesheet was filed and the Magistrate has taken cognizance of the offence under Section 188 of IPC which is, in fact, barred by Section 195 Sub Section (1)(a)(i) of Cr.P.C., therefore, the order dated 31.10.2012 vitiates in the eyes of law. Consequently, the order dated 31.10.2012 is hereby set aside. It is open for the trial court concerned to proceed in accordance with law. The instant application U/s 482 Cr.P.C. is allowed, accordingly. September 24, 2025 kkv/ A482 No. 8107 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench