HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 8228 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. The instant application under Section 482 Cr.P.C. has been filed with the prayer to quash the chargesheet No. 8 of 2017, dated 24.01.2017 in Criminal Case No. 1456 of 2017; State Vs. Ram Vriksha and another, arising out of Case Crime No. 33 of 2017, under Sections 188 and 171-F IPC, Police Station Akbarpur, District Ambedkar Nagar and cognizance order dated 10.04.2017, as well as entire proceedings in pursuance thereof. It is submitted by learned counsel for the applicant that an FIR was lodged under Sections 188 and 171-F IPC, Police Station Akbarpur, District Ambedkar Nagar and, thereafter, the chargesheet was filed and the learned trial court has taken cognizance and issued summons under Sections 188 IPC and Section 171-F of Representation of the People Act, 1951. He submits that the criminal proceedings under Section 188 and 171-F of IPC cannot run on a police report but on a complaint in writing, as is provided under Section 195(1)(a)(i) of Cr.P.C. He submits that the whole proceeding vitiates in the eyes of law, thus, the criminal proceedings against the applicant may be set aside. Versus Counsel for Applicant(s) : Prashant Kumar, Hari Anuj Bahadur Sinha, Satish Gulati Counsel for Opposite Party(s): G.A. Smt. Keshra Devi Gautam .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) Learned AGA appearing for the State could not refute the contentions aforesaid. Considering the submissions of learned counsel for the parties and after perusal of the record, it is apparent that initially an FIR was lodged under Sections 188 and 171-F of IPC and the learned Magistrate has taken cognizance and the case is running as a police case, which is impermissible under the law. This Court has noticed that the provision of Section 195(1)(a)(i) of Cr.P.C. bars for taking cognizance in such matters and, thus, the matter cannot run as a police case. This Court has also noticed that the order has been passed in such a hurriedly manner which is apparent as Section 188 IPC and Section 171-F have been denoted together, though Section 171-F is charged for the offence under the Representation of the People Act, 1951. Consequently, the order impugned dated 10th of April, 2017, is hereby set aside. The instant application U/s 482 Cr.P.C. is, accordingly, allowed. The trial court is at liberty to proceed in accordance with law. September 25, 2025 kkv/ A482 No. 8228 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench