Court No. - 10
Case :- APPLICATION U/S 482 No. - 13717 of 2018 Applicant :- Hazi Sagir Ahmad And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sudhakar Shukla,Diwakar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Suneet Kumar,J.
Heard learned counsel for the applicants and learned A.G.A.
This application under Section 482 Cr.P.C. has been filed for quashing the charge sheet submitted by the investigating officer in case no. 4239 of 2017 (State Versus Hazisagir and others), arising out of charge sheet submitted by investigating officer in N.C.R. No. 43 of 2015, under Sections 323, 504 I.P.C., P.S. Hathgaon, District Fatehpur, pending in the court of learned Chief Judicial Magistrate, District Fatehpur.
It is sought to be urged that charge sheet has been filed under Sections 323, 504 I.P.C. and if non-cognizable offence is disclosed in view of Section 2(d), the charge sheet can be treated as a complaint case.
In support of his submission learned counsel for the applicant has placed reliance on the decision rendered by this Court in Awadhesh Kumar Versus State of U.P., 2008(1) UP CrR 253.
Learned A.G.A. does not dispute the legal preposition and submits that application be disposed of in terms of the aforementioned decision.
Accordingly, the application is allowed in terms of the aforementioned decision. The order taking cognizance is set aside. 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.
Order Date :- 26.4.2018 K.K. Maurya