Jahanvi Agarwal
In a recent legal development, the Allahabad High Court issued a significant ruling in response to a Criminal Miscellaneous Writ Petition filed by petitioner Chintamani Sahu against the State of Uttar Pradesh. The petitioner sought the quashing of a First Information Report (FIR) filed under Sections 174-A of the Indian Penal Code (IPC) at the Gosaiganj Police Station in Ayodhya District.
Represented by Counsels Pradeep Kumar Rai, Lallan Rai, and Prakarsh Pandey, the petitioner argued that the FIR, initiated directly under Section 174-A IPC, should have been preceded by a complaint under Section 195 of the Criminal Procedure Code (Cr.P.C.).
Quoting a relevant precedent from a Division Bench’s judgment in 2024 SCC OnLine All 153, the petitioner’s counsel emphasized the procedural requirement under Section 195 Cr.P.C. for initiating such proceedings. The State of Uttar Pradesh was represented by the learned Advocate General (AGA)S.P. Singh, who confirmed the petitioner’s validity and asked the court to provide authorization for the relevant public worker to file a complaint under Section 195(1) Cr.P.C.
During the proceedings, Justice Rajan Roy, J. and Justice Narendra Kumar Johari granted liberty for lodging a complaint by the concerned public servant in terms of Section 195(1) Cr.P.C.
Subsequently, considering the submissions from both parties, the Allahabad High Court delivered its verdict, quashing the impugned FIR. Simultaneously, the court granted liberty to the concerned public servant or an administrative superior officer to lodge a complaint under Section 195 Cr.P.C.
Section 174-A of the IPC deals with the procedure for inquiries related to suspicious deaths. It outlines the steps that must be taken by a police officer upon receiving a complaint regarding suspicious deaths. If the officer does not immediately proceed under Section 174 of the IPC, they are required to conduct an inquiry into the case as outlined in Section 174-A.
Case Name: Chintamani Sahu v. State Of U.P.
Dairy Number: 2015/2024
Bench: Justice Rajan Roy, J. and Justice Narendra Kumar Johari
Click here to access the order.