Court No. - 49
Case :- APPLICATION U/S 482 No. - 28330 of 2018 Applicant :- Pankaj Kushwaha And Another Opposite Party :- State Of Up And Another Counsel for Applicant :- Ajay Sengar Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicants and Sri Ankit Srivastava, learned AGA for the State as also perused the record.
The present 482 Cr.P.C. application has been filed against the order dated 2002.2018 passed by the learned Add. Chief Metropolitan Magistrte-II, Kanpur Nagar in Case Crime No. 1067 of 2017 (State of U.P. Vs. Sachin Kesarwani & others), under Sections 147, 148, 308, 307, 332, 353 IPC and 7 Criminal Law Amendment Act, 1932, Police Govind Nagar, District Kanpur Nagar.
Solitary argument raised by learned counsel or the applicants appears to be that by virtue of provisions of Section 7 (2) of Criminal Law Amendment Act, 1932, no court can take cognizance of the offence punishable amongst others under Section 307 IPC upon by a report of police Officer below the rank of Officer-Incharge of Police Station.
Learned AGA could not dispute the correctness of the submission so advanced by learned counsel for the applicants.
Also, perusal of the charge-sheet reveals that the same has been submitted by the Sub-Inspector and not the Station House Officer. Also, it is clear that the Sub-Inspector would not be an officer of the rank of a Station House Officer of the police station.
In view of the above, no useful purpose would be served in keeping this application pending. The order dated 20.02.2018 passed by the learned Addl. Chief Metropolitan Magistrate-II, Kanpur Nagar is set aside. The matter is remitted to the learned court below to pass appropriate order or issue appropriate direction such that a proper charge-sheet, if any, may be submitted.
With the aforesaid observation, the instant application is disposed of. Order Date :- 23.8.2018 Lbm/-