Neutral Citation No. - 2025:AHC:144845 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 11565 of 2025 Applicant :- Yogesh @ Bantu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Hitesh Pachori Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. The present 528 B.N.S.S. application has been filed to quash the impugned charge sheet dated 02.01.2018, cognizance/ summoning order dated 15.02.2020 as well as the entire proceedings of Case No. 133 of 2020, arising out of Case Crime No.0254 of 2017 (State Vs. Yogesh @ Bantu), under Section 174-A I.P.C., Police Station-Kagaraul, District-Agra, pending before Civil Judge (J.D.)-8, Agra. 3. Learned counsel for the applicant submits that instant proceeding under section 174 I.P.C. is illegal and arbitrary in view of Division Bench judgment passed in Sumit and another vs. State of U.P. and others, 2024(126) ACC 772, as Division Bench of this Court has held that Court cannot take the cognizance of the offence under section 174-A of the Indian Penal Code on the basis of the police report and as such the lodging of the FIR under section 174-A I.P.C. is futile and is hit by the provisions of section 195(a)(i) Cr.P.C. Proceedings under section 174-A I.P.C. can be initiated only on the basis of written complaint of the court which had initiated proceedings under section 82 Cr.P.C. 4. In view of that proceeding of Case No. 133 of 2020, arising out of Case Crime No.0254 of 2017 (State Vs. Yogesh @ Bantu), under Section 174-A I.P.C., Police Station- Kagaraul, District-Agra, pending before Civil Judge (J.D.)-8, Agra, is, hereby, quashed with the direction that if court finds complaint under aforesaid proceeding, can entertain it as complaint case and proceed thereafter. 5. Hence, the Application u/s 528 B.N.S. is allowed. Order Date :- 22.8.2025 AdityaG Digitally signed by :- ADITYA GAUTAM High Court of Judicature at Allahabad Digitally signed by :- ADITYA GAUTAM High Court of Judicature at Allahabad