HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 8378 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. Issuance of notice to opposite party no. 2 is hereby dispensed with as the matter is decided on the legal issues only. Heard Sri Nadeem Murtaza, Advocate assisted by Sri Manu Gupta, learned counsels for the applicant, learned A.G.A. for the State and perused the records. Instant application under section 482 Cr.P.C. has been filed with the prayer to set aside and quash the entire criminal proceedings of Criminal Case No. 152 of 2023 "State v. Sunil" pending before learned Civil Judge (S.D) III/Additional Chief Judicial Magistrate, Faizabad arising out of Case Crime No. 65 of 2022, under sections- 171-H & 188 of IPC Police Station-Kotwali Bikapur, District- Faizabad/Ayodhya alongwith cognizance/summoning order dated 03.01.2023 and chargesheet dated 03.04.2022 as contained in Annexure No.1 & 2 petition. Challenge is made to the summoning/cognizance order as well as the issuance of process passed by learned trial court on the ground that the learned trial court has unlawfully proceeded for taking cognizance of an offence, which can not run as a police case. He submits that the learned trial court has taken cognizance under sections 188 and 171- H of I.P.C. He added that in so far as the procedure prescribed under Versus Counsel for Applicant(s) : Nadeem Murtaza, Dileep Kumar Yadav Counsel for Opposite Party(s) : G.A. Sunil Srivastava @ Sunil Kumar Srivastava .....Applicant(s) State Of U.P. Thru. Its Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s) section 195(1)(a) of Cr.P.C. is concerned, the complaint case can run only and in so far as section 171-H of I.P.C. is concerned, it is non cognizable offence and therefore, this covers under the provisions of section 2(d) of Cr.P.C. Therefore, submission is that the order passed by the learned trial court is erroneous and the same may be set aside. On the other hand, learned counsel for the State has failed to refute the aforesaid contentions of learned counsel for the applicant. Considering the submissions of learned counsel for the parties, particularly, the contention of learned counsel for the applicant that the learned trial court has taken cognizance of an offence under section 188 of I.P.C., though as per the bar provided under section 195(1)(a) of Cr.P.C., the same can run only as a complaint case and so far as section 171-H of I.P.C. is concerned, that is covered under the provisions of Section 2(d) of Cr.P.C. Consequently, the order dated 03-01-2023 passed by the learned trial court is hereby set aside. The learned trial court is at liberty to proceed in accordance with law. With the aforesaid observations, the instant application is hereby allowed. September 26, 2025 AKS A482 No. 8378 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench