Court No. - 48
Case :- APPLICATION U/S 482 No. - 1886 of 2019 Applicant :- Jayanti Prasad And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Munesh Kumar Upadhyay Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicants and the learned AGA for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed with the prayer to quash the charge-sheet as well as the entire proceedings in Criminal Case No.5231 of 2018 under Sections 323, 504, 427 IPC, Police Station Banna Devi, District Aligarh pending in the Court of Chief Judicial Magistrate, Aligarh.
It is submitted by the learned counsel of the applicants that initially, in this matter, one NCR was lodged. Matter was investigated on the basis of order passed under Section 155 (2) Cr.P.C., but lastly, the investigating officer submitted charge- sheet for the offence under Sections 323, 504, 427 IPC. However, the Magistrate concerned without taking into consideration the definition under Section 2 (d) of the Code of Criminal Procedure straightway took cognizance in the matter on 17.2.2018, which is illegal. Present proceedings cannot be continued on the basis of charge-sheet.
Learned A.G.A. opposed the submission.
Having regard to the facts and circumstances of the case, hearing the parties, going through the provision provided under Section 2 (d) Cr.P.C. and the offences alleged in the charge- sheet, Application is disposed of at this stage itself directing the applicants to move proper application before the court concerned within a period of 15 days from today ventilating all the facts, as has been raised in this application.
If such an application is moved by the applicants, the Magistrate concerned is directed to pass appropriate order in accordance with law.
Coercive process, if any issued against the applicants, shall be kept in abeyance till the disposal of the said application.
With the above observation, the application stands disposed of.
Order Date :- 29.1.2019 / ss