If the original criminal case is cancelled then there is no justification to pursue a case for disobedience of the order issued in it

Prayagraj, June 18 (HS). Allahabad High Court has cancelled the entire case proceedings under Section 174A before Additional Civil Judge Hapur against Mohit Tomar of Police Station Pilkhuwa, Hapur. The court has also cancelled the charge sheet filed against the petitioner on January 8, 19 and the cognizance and summons order on May 18, 19.

Justice Siddharth has given this order while accepting the petition filed by Mohit Tomar under section 482. The petitioner said that the High Court has already canceled Section 376 and 506 of the Indian Penal Code under the original criminal case. The charge sheet filed in this was not filed according to the law. When the original case itself is over, then filing a second case for disobeying the court order in that case is prohibited under section 195 of the Code of Criminal Procedure. And citing the Supreme Court's Sumit case, he argued for cancelling the current case proceedings. He said that there is no justification for continuing the case proceedings. Accepting this, the court canceled the criminal case proceedings issued against the petitioner under section 174 A.

-What is section 174A

When someone does not appear in defiance of a lawful order issued by a government official, it will be a punishable offence. That is, whoever deliberately disobeys the order of a government official in a serious crime can be convicted under Section 174A.

-What is Section 195 of the Code of Criminal Procedure

The competent court will not consider the complaint of a private person regarding disobedience of a lawful order of a public servant.