Indresh Chandra and Another v. State of U.P. and Another

Court No. - 87 Case :- APPLICATION U/S 482 No. - 44152 of 2022 Applicant :- Indresh Chandra And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Devid Kumar Singh,Alka Pandey,Archana Srivastava,Vimal Kumar Bhaskar,Vinod Kumar Kushwaha Counsel for Opposite Party :- G.A.,Ajay Kumar Srivastava,Dhirendra Kumar Srivastava Hon'ble Neeraj Tiwari,J.

¶1Heard learned counsel for the applicants and learned AGA for the State.

¶2The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 11.08.2021 and summoning order dated

29.11.2021 passed in Case No. 10078 of 2021(State Vs. Indresh Chandra Srivastava and others) in NCR No. 103 of 2021 as well as the entire proceedings of Case No. 10078 of 2021(State Vs. Indresh Chandra Srivastava and others), under Sections-323, 504 I.P.C., Police Station-Suriyawan, District-Bhadohi, pending in the court of Judicial Magistrate-Bhadohi.

¶3Learned counsel for the applicants submits that the present prosecution has arisen out of NCR. It is stated that the offence as alleged are non-cognizable and therefore neither the charge sheet could have been submitted by the Investigating Officer nor the learned Magistrate could have taken cognizance in view of the explanation under Section 2(d) of Cr.P.C.

¶4It is further stated that the only course open to the learned Magistrate was to have treated the case as a complaint case and to have proceeded with, in accordance with law.

¶5Reliance has been placed on the decision of this Court dated

15.05.2018 passed in Application U/S 482 No. 5917 of 2006 wherein this Court has taken view that neither the charge sheet could have been submitted by the Investigating Officer nor the learned Magistrate could have taken cognizance on the same, treating it as a State case.

¶6Learned AGA on the other hand submits that while the learned Magistrate may not have taken cognizance on the charge sheet treating it to be a State case. However, it was open to the learned Magistrate to follow the complaint case procedure.

¶7Considering the above, no useful purpose would be in keeping the present application pending any further. The orders dated

11.08.2021 and 29.11.2021 are set aside and the matter is remitted to the learned Magistrate to pass a fresh order, strictly in accordance with law, keeping in mind the observations made above.

¶8The aforesaid exercise may be concluded as expeditiously as possible, preferably within a period of two months from the date of production of a certified copy of this order.

¶9With the aforesaid observations, the present application is disposed of. Order Date :- 16.11.2023 ADY High Court of Judicature at Allahabad