Court No. - 55
Case :- APPLICATION U/S 482 No. - 43055 of 2018 Applicant :- Om Prakash Mishra @ Bundela Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Deepak Kumar Verma,Siya Ram Verma Counsel for Opposite Party :- G.A.
Hon'ble Chandra Dhari Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
Learned counsel for the applicant made a limited prayer to pass appropriate order or direction to the court below to register the criminal case no.3872 of 2015, under Sections 204 and 477 I.P.C., P.S. Manjhanpur, District Kaushambi in case crime no.02 of 2015 pending in the court of Chief Judicial Magistrate, Kaushambi as complaint case and follow the correct provision and procedure prescribed under Section 2(d) Cr.P.C.
Learned counsel for the applicant submitted that summoning order dated 22.05.2017 has been issued against the applicant under Sections 204 and 477 I.P.C. without applying judicious mind. He further submitted that all the offences under Sections 204 and 477 I.P.C. are non congnizable, hence, in view of the Explanation to Section 2 (d) of Cr. P.C. case could not be proceeded as as State case and it had to proceed as a complaint case. The Magistrate has erroneously passed an order taking cognizance on the charge-sheet.
In the present case from the material brought on record it transpires that the charge-sheet submitted by the Investigating Officer instead of being treated as a complaint, has been taken cognizance of by the concerned Magistrate as a State Case, which is not permissible under law.
Learned A. G. A. vehemently opposed the submissions made by learned counsel for the applicant.
After having considered the submissions made by learned counsel for the parties and perused the material on record as well as the impugned summoning order and examined the relevant provisions of the Code of Criminal Procedure, I am of the view that the submissions made by learned counsel for the applicant have force and are liable to be accepted.
For the aforesaid reasons, the present application is disposed off, the summoning order dated 22.05.2017 is quashed.
However, it is made clear that the case shall be treated to be a complaint case and the procedure prescribed for hearing of the complaint shall be followed by the court concerned before summoning the applicant.
Order Date :- 29.11.2018 Asha (Chandra Dhari Singh,J.)