State v. Nitin Kumar) U
Case Details
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material placed on record. filed with Instant application under section 482 Cr.P.C./528 of B.N.S.S.,2023, has been to quash criminal Summoning Order 24-02-2023, Chargesheet and proceedings of Case No. 21871/2023, FIR no. 249/2021, NCR no. 51/2021 (State Vs Nitin Kumar) U/s- 171 G of IPC and section 227 of the Representation of the people Act,1951 pending before Presiding Officer, ACJM-4, Lucknow. the prayer On 27-08-2025, the following order was passed :- "1. Supplementary Affidavit filed today on behalf of the applicant is taken on record. 2. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material placed on record. 3. Instant application under section 482 Cr.P.C./528 of the B.N.S.S.,2023, has been filed with the prayer to quash the summoning Order dated 24-02-2023, Chargesheet and criminal proceedings of Criminal Case no. 21871/2023, FIR no-249/2021, NCR no. 51/2021 (State Vs Nitin Kumar) U/s- 171 G IPC/ 227 Representation of the people Act, pending Before Pres Officer, ACJM- 4, Lucknow. 4. Contention put forth by the learned counsel for the applicant is that on 10- 04-2021, the complainant/opposite party no. 2 lodged the N.C.R. bearing no. 51 of 2021, U/s 171 G,188 of I.P.C. and section 227 of the Representation of People Act, 1950 at Police Station-Nagram, district-Lucknow and thereafter, an application under section 155(2) of the Cr.P.C. was moved in the court of A.C.J.M.-IV, Lucknow, on 30-09-2021, for a direction to the police to investigate the matter and thereafter, the order was passed on 01-11-2021 by the A.C.J.M.-IV, Lucknow, for conducting the investigation in the N.C.R. No. 51 of 2021. He added that after the investigation,an F.I.R. No. 249 of 2021, is lodged against Shiv Prakash Patel, Shivanshu Patel and Nitin Kumar, the present applicant under sections 171 G,188 of I.P.C. and section 227 of the Representation of People Act at Police Station-Nagram and after the 2 A482 No. 7058 of 2025 investigation, the chargesheet was filed only against the present applicant, Nitin Kumar, under section 171 G of I.P.C. and section 227 of the Representation of People Act. Thereafter, the cognizance was taken by the learned trial court on 24-02-2023, which reads as under:- "24.03.2023 आज थाना नगराम पुिलस ्षारा अपराध संख्या 249/21 धारा धारा 17/छ 227 लोक ्ऺितिनिध अिधिनयम अिभयु्व िनितन कु मार के िवरु्ध आरोप प्ऴ ्ऺाप्त हुआ समस्त पुिलस ्ऺप्ऴों का अवलोकन िकया सं्ञान लेने का आधार पयार्प्त है। आदेश सं्ञान िलया जाता है दजर् रिजस्टर हो नकल तैयार हो अिभयु्व के िवरु्ध समन जारी हो।"
5. Referring the aforesaid, he submits that the learned trial court has taken cognizance under sections 171 (G) of the I.P.C. and section 227 of the Representation of People Act,1950, though there is no such sections/offence provided under the Act, 1951. He added that the order dated 24-02-2023 as well as the chargesheet are erroneous and unlawful and the same are liable to be set aside. 6. On the other hand, learned counsel appearing for the State could not dispute the aforesaid contentions of learned counsel for the applicant. 7. Considering the submissions of learned counsel for the parties and after perusal of the records, it transpires that an N.C.R. was instituted and thereafter, an application was moved under section 155(2) of Cr.P.C. and the learned trial court directed for investigation in the matter and the chargesheet was filed under section 171 G of I.P.C. and section 227 of the Representation of People Act, whereas, the fact remains that there is no such provision under the Representation of People Act, under which the chargesheet has been filed. 8. This court has noticed that the learned trial court in a cavalier manner, has passed the order dated 24-02-2023, while taking cognizance on the chargesheet filed by the police and the sections/offence has been reiterated as was in the chargesheet. 9. This court has also noticed the first page of the chargesheet, which is appended at page 30 of the application, at serial no. 4, point no. 2, has been cut through pen and on place of same,"Lok Pratinidhitive Adhiniyam", has been written in handwriting, which is impermissible under the law and is a serious matter. 10. In view of the aforesaid, till the next date of listing, the criminal proceedings arising out Criminal Case no. 21871/2023, FIR no-249/2021, NCR no. 51/2021 (State Vs Nitin Kumar) U/s- 171 G IPC/ 227 Representation of the people Act, pending Before Presiding Officer, ACJM- 4, Lucknow, shall remain stayed so far as the present applicant is concerned. 11. The District Judge, Lucknow, is directed to enquire into the matter that whether after filing of the chargesheet, the interpolation is made in the chargesheet and the manner, under which the cognizance is taken of nonest offence and further she shall also submit a report to this court after calling an explanation from the Presiding Officer concerned, by the next date. 12. The Commissioner of Police, Lucknow, shall also enquire into the matter that whether prior to filing of the chargesheet, such interpolation is made. He shall also submit a report to this court by the next date. 13. List/put up this matter on 11-09-2025 at 02.15 P.M. 14. Senior Registrar of this court shall inform this order to the District Judge 3 A482 No. 7058 of 2025 concerned forthwith. 15. Learned A.G.A. shall inform this order to the Commissioner of Police, Lucknow forthwith. 16. Registry is directed to issue certified copy of this order to learned A.G.A. free of cost." In compliance of the order aforesaid, the District Judge, Lucknow has placed it's report dated 04-09-2025, wherein,it is explained that the interpolation over the chargesheet is done at the level of the office of the police authorities/Investigating Officer and therefore, there is no involvement of the office of the trial court concerned. The Commissioner of Police, Lucknow, has also sent it's report dated 11-09-2025, which is apparent that the officials of his office, corrected the description of the offence/charges/section over the chargesheet as the same was incorrectly typed through the computer. He also adverted that an enquiry is contemplated in this matter. Vide the instant application, the order of taking cognizance and issuance of process is under challenge and by the order dated 24-02- 2023, the Presiding Officer concerned has taken cognizance of offence under section 171 G of I.P.C. as well as section 227 of the Representation of People Act,1950. From perusal of the aforesaid offences provided under the respective Acts, is evident that section 171 G of I.P.C. is punishable with fine and is a non cognizable offence and further no offence of section 227 of the Representation of People Act,1950, is finding mention, as there is no such number in the Act at all. In view of the aforesaid, the order dated 24-02-2023, is utterly erroneous and against the provisions of law and thus, the same is set aside. It is clarified that no criminal proceeding as a police case can go on against the applicant so far as the allegations under section 171 G of I.P.C. is concerned and once, there is no offence prescribed under section 227 of the Representation of People Act,1950, thus,there is no question of currency of any criminal prosecution for non est offence against the applicant. The application is allowed accordingly. September 11, 2025 AKS (Shree Prakash Singh,J.) ANUJ KRISHNA SRIVASTAVA ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, High Court of Judicature at Allahabad, Lucknow Bench Lucknow Bench
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material placed on record. filed with Instant application under section 482 Cr.P.C./528 of B.N.S.S.,2023, has been to quash criminal Summoning Order 24-02-2023, Chargesheet and proceedings of Case No. 21871/2023, FIR no. 249/2021, NCR no. 51/2021 (State Vs Nitin Kumar) U/s- 171 G of IPC and section 227 of the Representation of the people Act,1951 pending before Presiding Officer, ACJM-4, Lucknow. the prayer On 27-08-2025, the following order was passed :- "1. Supplementary Affidavit filed today on behalf of the applicant is taken on record. 2. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material placed on record. 3. Instant application under section 482 Cr.P.C./528 of the B.N.S.S.,2023, has been filed with the prayer to quash the summoning Order dated 24-02-2023, Chargesheet and criminal proceedings of Criminal Case no. 21871/2023, FIR no-249/2021, NCR no. 51/2021 (State Vs Nitin Kumar) U/s- 171 G IPC/ 227 Representation of the people Act, pending Before Pres Officer, ACJM- 4, Lucknow. 4. Contention put forth by the learned counsel for the applicant is that on 10- 04-2021, the complainant/opposite party no. 2 lodged the N.C.R. bearing no. 51 of 2021, U/s 171 G,188 of I.P.C. and section 227 of the Representation of People Act, 1950 at Police Station-Nagram, district-Lucknow and thereafter, an application under section 155(2) of the Cr.P.C. was moved in the court of A.C.J.M.-IV, Lucknow, on 30-09-2021, for a direction to the police to investigate the matter and thereafter, the order was passed on 01-11-2021 by the A.C.J.M.-IV, Lucknow, for conducting the investigation in the N.C.R. No. 51 of 2021. He added that after the investigation,an F.I.R. No. 249 of 2021, is lodged against Shiv Prakash Patel, Shivanshu Patel and Nitin Kumar, the present applicant under sections 171 G,188 of I.P.C. and section 227 of the Representation of People Act at Police Station-Nagram and after the 2 A482 No. 7058 of 2025 investigation, the chargesheet was filed only against the present applicant, Nitin Kumar, under section 171 G of I.P.C. and section 227 of the Representation of People Act. Thereafter, the cognizance was taken by the learned trial court on 24-02-2023, which reads as under:- "24.03.2023 आज थाना नगराम पुिलस ्षारा अपराध संख्या 249/21 धारा धारा 17/छ 227 लोक ्ऺितिनिध अिधिनयम अिभयु्व िनितन कु मार के िवरु्ध आरोप प्ऴ ्ऺाप्त हुआ समस्त पुिलस ्ऺप्ऴों का अवलोकन िकया सं्ञान लेने का आधार पयार्प्त है। आदेश सं्ञान िलया जाता है दजर् रिजस्टर हो नकल तैयार हो अिभयु्व के िवरु्ध समन जारी हो।"
5. Referring the aforesaid, he submits that the learned trial court has taken cognizance under sections 171 (G) of the I.P.C. and section 227 of the Representation of People Act,1950, though there is no such sections/offence provided under the Act, 1951. He added that the order dated 24-02-2023 as well as the chargesheet are erroneous and unlawful and the same are liable to be set aside. 6. On the other hand, learned counsel appearing for the State could not dispute the aforesaid contentions of learned counsel for the applicant. 7. Considering the submissions of learned counsel for the parties and after perusal of the records, it transpires that an N.C.R. was instituted and thereafter, an application was moved under section 155(2) of Cr.P.C. and the learned trial court directed for investigation in the matter and the chargesheet was filed under section 171 G of I.P.C. and section 227 of the Representation of People Act, whereas, the fact remains that there is no such provision under the Representation of People Act, under which the chargesheet has been filed. 8. This court has noticed that the learned trial court in a cavalier manner, has passed the order dated 24-02-2023, while taking cognizance on the chargesheet filed by the police and the sections/offence has been reiterated as was in the chargesheet. 9. This court has also noticed the first page of the chargesheet, which is appended at page 30 of the application, at serial no. 4, point no. 2, has been cut through pen and on place of same,"Lok Pratinidhitive Adhiniyam", has been written in handwriting, which is impermissible under the law and is a serious matter. 10. In view of the aforesaid, till the next date of listing, the criminal proceedings arising out Criminal Case no. 21871/2023, FIR no-249/2021, NCR no. 51/2021 (State Vs Nitin Kumar) U/s- 171 G IPC/ 227 Representation of the people Act, pending Before Presiding Officer, ACJM- 4, Lucknow, shall remain stayed so far as the present applicant is concerned. 11. The District Judge, Lucknow, is directed to enquire into the matter that whether after filing of the chargesheet, the interpolation is made in the chargesheet and the manner, under which the cognizance is taken of nonest offence and further she shall also submit a report to this court after calling an explanation from the Presiding Officer concerned, by the next date. 12. The Commissioner of Police, Lucknow, shall also enquire into the matter that whether prior to filing of the chargesheet, such interpolation is made. He shall also submit a report to this court by the next date. 13. List/put up this matter on 11-09-2025 at 02.15 P.M. 14. Senior Registrar of this court shall inform this order to the District Judge 3 A482 No. 7058 of 2025 concerned forthwith. 15. Learned A.G.A. shall inform this order to the Commissioner of Police, Lucknow forthwith. 16. Registry is directed to issue certified copy of this order to learned A.G.A. free of cost." In compliance of the order aforesaid, the District Judge, Lucknow has placed it's report dated 04-09-2025, wherein,it is explained that the interpolation over the chargesheet is done at the level of the office of the police authorities/Investigating Officer and therefore, there is no involvement of the office of the trial court concerned. The Commissioner of Police, Lucknow, has also sent it's report dated 11-09-2025, which is apparent that the officials of his office, corrected the description of the offence/charges/section over the chargesheet as the same was incorrectly typed through the computer. He also adverted that an enquiry is contemplated in this matter. Vide the instant application, the order of taking cognizance and issuance of process is under challenge and by the order dated 24-02- 2023, the Presiding Officer concerned has taken cognizance of offence under section 171 G of I.P.C. as well as section 227 of the Representation of People Act,1950. From perusal of the aforesaid offences provided under the respective Acts, is evident that section 171 G of I.P.C. is punishable with fine and is a non cognizable offence and further no offence of section 227 of the Representation of People Act,1950, is finding mention, as there is no such number in the Act at all. In view of the aforesaid, the order dated 24-02-2023, is utterly erroneous and against the provisions of law and thus, the same is set aside. It is clarified that no criminal proceeding as a police case can go on against the applicant so far as the allegations under section 171 G of I.P.C. is concerned and once, there is no offence prescribed under section 227 of the Representation of People Act,1950, thus,there is no question of currency of any criminal prosecution for non est offence against the applicant. The application is allowed accordingly. September 11, 2025 AKS (Shree Prakash Singh,J.) ANUJ KRISHNA SRIVASTAVA ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, High Court of Judicature at Allahabad, Lucknow Bench Lucknow Bench