APPLICATION U/S 528 BNSS No. 9373 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 9373 of 2026 Rajendra Dhamaka .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Himanshu Kumar Sonkar, Vishal Jaiswal Counsel for Opposite Party(s) : G.A. Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard Mr. Vishal Jaiswal, learned counsel for applicant and learned AGA for State. 2. Present application has been preferred with prayer to quash cognizance order dated 4.10.2024 passed by learned Chief Judicial Magistrate, Hamirpur and consequential orders as well as entire criminal proceeding of Case no. 41939 of 2024 (State vs. Guddu Singh @ Anuj Kumar Singh) arising out of Case Crime no. 0014 of 2024 under Section 174-A IPC, PS- Sumerpur, District Hamirpur. 3. Learned counsel for the applicant submits that the impugned proceeding is barred under Section 195 Cr.P.C. as this Section specifically provides that cognizance of any offence punishable u/s 172 to 188 I.P.C., cannot be taken by the court except on the complaint in writing of the court concerned or its officer. However, in the present case, F.I.R. has been lodged by the Investigating Officer and even cha