Court No. - 68
Case :- APPLICATION U/S 482 No. - 19390 of 2021 Applicant :- Mohd. Zubair Saifi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mahendra Kumar Maurya Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Pachori,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present application under Section 482 of the Code of Criminal Procedure, 1973 has been filed to quash the charge sheet dated 28.11.2019 as well as summoning order dated 26.8.2021 passed by Additional Chief Judicial Magistrate, II, Amroha in Case Crime No. 342 of 2019 under Section 174-A I.P.C, Police Station Naugaon Sadat, District Amroha.
Learned counsel for the applicant submits that a first information report under Section 174A I.P.C. was registered by the opposite party no. 2 against the applicant as a Case Crime No. 342 of 2019, thereafter charge sheet has also been submitted under the same section by the police on which Additional Judicial Magistrate, II, Police Station Naugaon Sadat, District Amroha has taken cognizance while as per provision of Section 195 Cr.P.C. for the offences under Sections 172 to 188 Cr.P.C. cognizance can be taken by the court only on a complaint made by a public servant, therefore, he submits that the cognizance taken by the court concerned is illegal and is liable to be quashed.
Learned A.G.A. submits that since the applicant has absconded from the judicial proceeding and he was declared absconder that is why a report was lodged, which can be proceeded as a complaint case.
In view of the submissions made by the learned counsel for the parties as well as keeping in view of the provision of Section 195 Cr.P.C., the court could not have taken cognizance on the report of opposite party no.2 but could have proceeded as a complaint case, therefore, the cognizance order dated 28.11.2019 is hereby quashed with liberty to proceed in the matter as a complaint case.
This application is partly allowed and cognizance order dated 28.11.2019 passed by learned Chief Judicial Magistrate, Bijnor in Case Crime No. 342 of 2019 under Section 174-A I.P.C, Police Station Naugaon Sadat, District Amroha on the charge sheet dated 28.11.2019 is hereby quashed. However, court is at liberty to proceed on the aforesaid charge sheet as a complaint case.
Order Date :- 25.10.2021 Rakesh