Court No. - 10
Case :- APPLICATION U/S 482 No. - 13688 of 2018 Applicant :- Paras Nath And 3 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Ravindra Kumar Counsel for Opposite Party :- G.A.
Hon'ble Suneet Kumar,J.
Heard learned counsel for the applicants and learned A.G.A.
This application under Section 482 Cr.P.C. has been filed for quashing the charge sheet dated 09.08.2015 and cognizance order dated 10.09.2015 of in Case S.T. no. 883/2017 in the NCR No. 113 of 2014 U/s 323, 504 I.P.C. State V/s Paras Nath and others, pending in the court of ADJ-12 Allahabad, Police Station Holagarh, District Allahabad.
It is sought to be urged that charge sheet has been filed under Sections 323, 504 I.P.C. and if non-cognizable offence is disclosed in view of Section 2(d), the charge sheet can be treated as a complaint case.
In support of his submission learned counsel for the applicant has placed reliance on the decision rendered by this Court in Awadhesh Kumar Versus State of U.P., 2008(1) UP CrR 253.
Learned A.G.A. does not dispute the legal preposition and submits that application be disposed of in terms of the aforementioned decision.
Accordingly, the application is allowed in terms of the aforementioned decision. The order taking cognizance is set aside. The Magistrate may pass an order taking cognizance if, he so chooses, by proceeding in this matter as a complaint case under Chapter XV of the Code of Criminal Procedure.
Order Date :- 26.4.2018 K.K. Maurya