Heard the learned counsel for the appellant and learned AGA. It is contended that if a chargesheet has been laid by the police after due investigation only for non cognizable offence, then cognizance by the Magistrate on the basis of such a chargeshet can be taken only under section 190 (i) (a) Cr.P.C. and not under section 190 (a) (b) Cr.P.C. which procedure now is being followed by the Magistrate.
Applicants are directed to serve respondent no. 2 through R.P.A.D. within a week.
Respondent no. 2 as well as learned AGA may file counter affidavit within within three weeks.
List this case before appropriate bench in the week commencing 5.4.2010. Till the next date of listing further proceedings on the basis of charge sheet dated 30.9.09 under sections 323 IPC shall remain stayed. It is made clear that this case shall not be treated as part heard or tied up to this bench.
Order Date :- 4.1.2010 Gss