Court No. - 1
Case :- APPLICATION U/S 482 No. - 25073 of 2018
Applicant :- Renu
Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Mithilesh Kumar Ojha Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Sri Mithilesh Kumar Ojha, learned counsel for the applicant and learned AGA for the State and perused the record.
By means of this application filed under Section 482 Cr.P.C., the applicants have prayed to quash the charge sheet dated 22.07.2017 as well as cognizance order dated 20.1.2018 passed by Chief Judicial Magistrate Bareilly in Case No. 302/2018 (State vs. Renu), arising out of NCR No. 81/17, U/s 323, 504 I.P.C., P.S. Kotwali, District Bareilly.
Learned counsel for the applicant submits that the offences under section 323, 504 I.P.C. are non cognizable offences, therefore, the charge sheet filed by the Investigating Officer cannot proceed as a police case and the same is liable to be proceeded with as a complaint case. He placed reliance on Murli and others Vs. State of U.P. and another, 2008 (61) ACC 54, Virendra Singh and others Vs. State of U.P. and others, 2002 (45) ACC 609 and Shakila Bano and others Vs. State of U.P. and another, 2008 (61) ACC 636.
According to the first Schedule to the Code of Criminal Procedure, the offences under sections 323, 504 are non cognizable, therefore, the explanation to section 2 (d) of the aforesaid Code is attracted in this case. Section 2 (d) of the Code of Criminal Procedure is provides:
" (d) "Complaint" means any allegation made orally or in writing to a Magistrate, with a view to his taking action under this Code, that some person, whether known or unknown, has committed an offence, but does not include a police report."
Explanation- A report made by a police officer in a case, which discloses, after investigation, the commission of a non-cognizable offence shall be deemed a complaint and the police officer by whom such report is made shall be deemed to be the complainant.
In view of the aforesaid explanation, the police report in respect of non cognizable offences is nothing except a complaint within the meaning of section 2(d) of the aforesaid Code, therefore, the trial has to proceed as a complaint case, not as a case instituted on police report. The learned Magistrate is directed to proceed with matter as complaint case accordingly.
With the aforesaid observations, the present application under Section 482 Cr.P.C. is disposed of.
Order Date :- 25.7.2018 VG..