Rana Pratap Singh v. State of U.P. and Another

Court No. - 86 Case :- APPLICATION U/S 482 No. - 39467 of 2023 Applicant :- Rana Pratap Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amit Kumar Counsel for Opposite Party :- G.A. Hon'ble Rajiv Gupta,J. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record. This application under Section 482 Cr.P.C. has been filed by the applicant with the prayer to quash the Charge-Sheet dated

29.12.2021 and summoning order dated 27.07.2022 in criminal Case No. 2003 of 2022 (Criminal Case No. 1377 of 2023 (State Vs. Rana Pratap Singh) arising out of Non Cognizable Report No. 45 of 2020 dated 3.06.2020, under sections 323, 504 IPC, Police Station Mahnajpur, District Azamgarh. It is contended by learned counsel for the applicant that charged section is non-cognizable section and the learned Magistrate may pass an order taking cognizance, if he so desires, by proceeding under Chapter XV of the Code of Criminal Procedure. Reliance has been placed to explanation 2(d) of the Code of Criminal Procedure, which reads as follows:- "Explanation-- A report made by a police officer in a case which discloses, after investigation, the commission of a non-cognizable offence shall be deemed to be a complaint, and the police officer by whom such report is made shall be deemed to be the complainant." Learned A.G.A. has stated that no useful purpose would be served in issuing notice to the opposite party No. 2 as it will only delay the proceedings of the present case. Therefore, on the basis of aforesaid Explanation which has been interpreted in a Single Judge decision of this Court passed in Application u/s 482 No.45609 of 2018 (Santosh Kumar and 2 others vs. State of U.P. and others), decided on 31.1.2019, where it has been held that when the charge-sheet is only of non-cognizable offence, in view of the aforesaid provision, the charge sheet should be treated as a complaint. The argument is well founded and the order taking cognizance is set aside. Now the Magistrate may pass an order taking cognizance if, he so chooses, by proceeding in this matter as a complaint case under Chapter XV of the Code of Criminal Procedure. He can also keep in mind Proviso (a) to Section 200 Cr.P.C., which reads as follows:- "Provided that, when the complaint is made in writing, the Magistrate need not examine the complainant and the witnesses."

(a) If a public servant acting or purporting to act in discharge of his official duties or a Court has made the complaint;" With these observations, this application under Section 482 CrPC is disposed of. Order Date :- 22.11.2023 RPD High Court of Judicature at Allahabad High Court of Judicature at Allahabad