RANVEER SINGH AND 3 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/12196/2025 · 2025-05-04
Sanjay Kumar Pachori
body2025
DailyLaw.ai
[ 2025 DAILYLAW 39042 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 39042 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:71380 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 12196 of 2025 Applicant :- Ranveer Singh And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Neeraj Pandey,Raj Kumar Sharma Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Heard Sri Raj Kumar Sharma, learned counsel for the applicants and Sri Vijay Kumar Mishra, learned brief holder for the State. The present application u/s 528 BNSS has been filed with prayer to quash the entire proceedings of Case No. 371/9 of 2018 (State Vs. Ranveer Singh and Others ) arising out of Case Crime No. 380 of 2018, under Section 174-A IPC, P.S. Shamli, District Shamli, as well as cognizance/summoning order dated 19.09.2018, pending in the Court of Chief Judicial Magistrate, Shamli. Delay in filing of the present application is explained.
Learned counsel for the applicants submitted that impugned First Information Report dated 04.06.2018 has been lodged on the basis of false and frivolous allegations with ulterior motive and only to harass the applicant. It is further submitted that the cognizance order has been passed without considering the facts and circumstances of the case as against the provision of section 195 (1)(a)(i) of Cr.P.C. Learned counsel for the applicants has relied upon the judgment of Division Bench of this Court in the case of Sumit And Another Vs. State of U.P. And 2 Others in Criminal Misc. Writ Petition No. 17460 of 2023 decided on
08.01.2024. Learned brief holder for the State has not denied the factual matrix of the case. It is trite law that the Court itself cannot take cognizance u/s 174-A of IPC on the basis of police report. It is settled position of law that the cognizance u/s 174-A of IPC can be taken in a complaint case as provided. In view of the above facts and circumstances, the entire proceeding of Case No. 371/9 of 2018 as well as summoning order dated 19.09.2018 is hereby quashed. The present application is liable to be allowed.
Order Date :- 5.5.2025 Nisha Digitally signed by :- nisha kumari High Court of Judicature at Allahabad