Neutral Citation No. - 2025:AHC:121936 Court No. - 72 Case :- APPLICATION U/S 482 No. - 10705 of 2024 Applicant :- Amit Kumar And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Syed Mohammad Nawaz Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard Shri Syed Mohammad Nawaz, learned counsel for the applicants as well as learned A.G.A. for the State and perused the record. 2. This application under Section 482 Cr.P.C. has been filed by the applicants to quash the impugned charge sheet dated 11.02.2023 and summoning order dated 31.01.2024 as also cognizance order dated 20.10.2023 as well as entire proceedings of Criminal Case No. 34273 of 2023 (State versus Amit Kumar and Others) arising out of Case Crime No. 628 of 2022 registered under Sections 171- A and 188 I.P.C., Police Station-Khatauli, District-Muzaffarnagar pending before the court of learned Chief Judicial Magistrate, Muzaffarnagar. 3. It is submitted by learned counsel for the applicants that summoning of accused in criminal case is a serious matter and the order impugned reflects that the Magistrate had not applied its judicial mind, as in the present case the impugned cognizance/summoning order has been passed without applying judicial mind and as such, it is not sustainable in the eyes of law. It is also submitted that the Investigating Officer without collecting any material evidence submitted chargesheet. It is next submitted that provision of Section 188 I.P.C., as State case is barred. 4. Learned counsel for the applicants has placed reliance upon the judgment of the Apex Court in the case of Special Leave Petition (Crl.) No. 2184 of 2024 (B.N. John versus State of U.P. & Anr) & Division Bench order in Criminal Misc. Writ Petition No. 17560 of 2023 (Sumit And Another versus State of U.P. And 2 Others). 5. On the other hand, learned A.G.A. has submitted that summoning order has been passed by the learned Magistrate after considering the material which are available on record. 6. The Apex Court in paragraph no. 15 of the judgment in B.N. John (supra) has held that a bare perusal of Section 195(1) of the Cr.P.C. clearly indicates that there is a bar on the court to take cognizance of any offence punishable under Sections 172 to 188 (both inclusive) of the I.P.C. except on a complaint in writing made by the concerned public servant to the court. 7. Accordingly the application under section 482 Cr.P.C. is allowed. The impugned charge sheet dated 11.02.2023 and summoning order dated 31.01.2024 and cognizance order dated 20.10.2023 as well as entire proceedings of Criminal Case No. 34273 of 2023 (State versus Amit Kumar and Others) arising out of Case Crime No. 628 of 2022 registered under Sections 171-A and 188 I.P.C., Police Station-Khatauli, District-Muzaffarnagar are hereby quashed. 8. However, it is open to complainant to file a written complaint against the applicants under appropriate Sections, if there is no legal impediment. Order Date :- 24.7.2025 SY Digitally signed by :- SWETA YADAV High Court of Judicature at Allahabad Digitally signed by :- SWETA YADAV High Court of Judicature at Allahabad