Neutral Citation No. - 2025:AHC:116526
Court No. - 82 Case :- APPLICATION U/S 528 BNSS No. - 22500 of 2025
Applicant :- Yameen Malik
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Rajiv Kumar Mishra,Shashi Kant
Counsel for Opposite Party :- G.A.
Hon'ble Sameer Jain,J.
1. Heard Sri Rajiv Kumar Mishra, learned counsel for the applicant and Sri Manish Goyal, learned A.A.G. assisted by Sri J.K. Upadhyay, learned A.G.A. for the State.
2. The present application under Section 582 B.N.S.S. has been filed with a prayer to quash the cognizance order dated 06.12.2022 passed by Additional Chief Judicial Magistrate, Court No.3, Ghaziabad in Case No. 9079 of 2022 arising out of Case Crime No. 914 of 2019, under Sections 143, 149, 145, 147, 151, 34, 186, 341, 353, 332 IPC and Section 7 Criminal Law Amendment Act, Police Station Loni Border, District Ghaziabad.
3. Learned counsel for applicant submits, FIR of the present case was lodged against applicant and as many as 169 others on the basis of false allegation under Sections 143, 149, 145, 147, 151, 34, 186, 188, 341, 353, 332 IPC and Section 7 Criminal Law Amendment Act in spite of the fact that applicant was making peaceful agitation against the Citizenship Amendment Act.
4. He further submits, after investigation charge-sheet has been filed against applicant and others and it has been filed for offences under Sections 143, 149, 145, 147, 151, 34, 341, 353, 332 IPC and Section 7 Criminal Law Amendment Act but on 06.12.2022 when court concerned took the cognizance and issued summons then cognizance has also been taken for offence under Sections 186 IPC however charge-sheet has not been filed for offence under Section
186 IPC, therefore, prima facie it reflects, court concerned while taking cognizance did not apply its mind.
5. He further submits, by virtue of Section 195(1)(a)(i) Cr.P.C. even no cognizance can be taken for offence under Section 186 IPC on the police report and cognizance for offence under Section
186 IPC can only be taken on written complaint made by public
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servant.
6. He further submits, therefore, cognizance order dated 06.12.2022 is illegal and liable to be quashed.
7. Per contra, learned AAG opposed the prayer and submitted charge-sheet against the applicant has not been filed for offence under Section 186 IPC and if court was of the view that along with other offences, in which, charge-sheet was filed offence under Section 186 IPC is also made out against the applicant then the court concerned before taking cognizance for offence under Section 186 IPC must record the reasons for that but from perusal of the cognizance order dated 06.12.2022 it reflects, no reasons have been recorded by the court concerned in this regard and therefore prima facie it appears, due to inadvertance in the impugned order by which cognizance was taken section 186 IPC has been transcribed along with other offences and it cannot be said that court also took cognizance for offence under Section 186
IPC.
8. He further submitted it cannot be said that learned Magistrate committed any illegality and at the worst it can be said that he committed an irregularity and if there is any irregularity committed by the court concerned while taking cognizance then entire proceedings cannot be vitiated. Learned AAG further submits, even at the time of framing charges this mistake can be rectified.
9. He further submits, therefore, there is no reason to set aside the cognizance order dated 06.12.2022 and instant application filed by the applicant is devoid of merit and is liable to be dismissed.
10. I have heard both the parties and perused the record of the case.
11. Only one short point has been argued by learned counsel for applicant before this Court that cognizance order is bad as from perusal of the same, it reflects, at the time of passing the same court concerned has not applied its mind.
12. As per learned counsel for applicant charge-sheet against applicant has not been filed for offence under Section 186 IPC but impugned cognizance order shows that court concerned also took cognizance for offence under Section 186 IPC along with other offences.
13. After perusing the impugned order dated 06.12.2022 it reflects,
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while passing the same court concerned although also took cognizance for offence under Section 186 IPC along with other offences and from the police report dated 03.01.2022 it reflects, same has not been filed also for offence under Section 186 IPC but it cannot be said that learned Magistrate committed any illegality and in view of Section 460(e) Cr.P.C. prima facie it appears to be mere an irregularity as it reflects, inadvertently in impugned order section 186 IPC has been transcribed along with other offences, therefore, neither it can be held that order taking cognizance is illegal nor proceedings pending against applicant can be said to be vitiated.
14. Therefore, considering the facts and circumstances of the case discussed above, this Court is of the view that the instant application is devoid of merits and is dismissed accordingly.
Order Date :- 18.7.2025 AK Pandey
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