Court No. - 52
Case :- APPLICATION U/S 482 No. - 19964 of 2020 Applicant :- Himanshi And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Paritosh Sukla Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
This application under Section 482 Cr.P.C. has been filed with the prayer to quash the entire proceedings of charge sheet no. 93 of 2020 dated 29.03.2020 as well as cognizance/ summoning order dated 20.08.2020 in case no. 1158 of 2020 arising out of case crime no. 136 of 2020 (State Vs. Himanshi and others), under Section 323, 504 IPC pending in the court of Additional Chief Judicial Magistrate, Court No. 1, Aligarh. Further prayer has been made to stay further proceedings of the aforesaid case.
Looking to the nature of the case, the present matter is being disposed of at this stage itself without issuing notice to the private opposite party. However, if he feels so aggrieved, he may approach this Court for recalling of this order.
Heard Sri Paritosh Sukla, learned counsel for the applicants and learned A.G.A.
Submission of the learned counsel for the applicants is that surprisingly in this matter FIR was lodged for the offence under Sections 323, 504 IPC. Investigation completed and charge sheet was submitted for the offence under Sections 323, 504 IPC itself. Concerned Magistrate without going through the legal provisions took cognizance on the charge sheet for the aforesaid offence on 20.08.2020 which is barred under Section 2 (d) Cr.P.C. It was further argued that in this matter complaint proceedings is permissible. Thus, order dated 20.08.2020 taking cognizance on the charge sheet for the offence under Sections 323, 504 IPC is illegal and without application of mind.
Learned A.G.A. could not dispute the submission advanced on behalf of the applicants.
Since, in this matter, initially FIR was lodged and matter was investigated and the concerned investigating officer submitted charge-sheet only for the offences under sections 323, 504 IPC. Perusal of the record shows that the Magistrate concerned without considering the nature of the offences for which charge-sheet was submitted, took cognizance in the matter. Offences under sections 323, 504 IPC are non-cognizable offences. Cognizance could not be taken on the charge-sheet for the aforesaid offences as provisions of Section 2 (d) Cr.P.C. and Chapter XV of the Cr.P.C. will be attracted in this matter.
Having regard to the facts and circumstances of the case, hearing the parties and going through the nature of the offences under sections 323, 504 IPC as well as provisions of Section 2 (d) Cr.P.C. and Chapter XV of the Cr.P.C., this Court is of the opinion that cognizance taken vide order dated 20.08.2020 on the charge- sheet submitted for the offences under sections 323, 504 IPC is liable to be set-aside.
Thus, application is disposed of at this stage itself setting aside the cognizance/summoning order dated 20.08.2020 and all other consequential orders passed thereafter on the charge-sheet with the direction to the Magistrate concerned to pass a fresh order in light of the settled principle of law.
A copy of this order be sent to the court concerned immediately for compliance.
The party shall file self attested computer generated copy of this order downloaded from the official website of High Court, Allahabad. The concerned court/authority/official shall verify the authenticity of such computerised copy of the order from the official website of High Court, Allahabad and shall make a declaration of such verification in writing.
Order Date :- 6.1.2021 Sachdeva Digitally signed by Justice Om Prakash Date: 2021.01.06 15:30:36 IST Reason: Document Owner Location: High Court of Judicature at Allahabad