Court No. - 64
Case :- APPLICATION U/S 482 No. - 36499 of 2019 Applicant :- Rishu Srivastava And 3 Ors Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Vinay Kumar,Ravindra Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
This application u/s 482 of Cr.P.C. has been moved on behalf of applicants seeking the quashing of Charge sheet dated 30.6.2018 as well as the entire proceeding of Criminal Case No. 2250 of 2019, State versus Rishu Srivastava and others, arising out of N.C.R. No. 267 of 2017, under Sections 323 and 504 I.P.C., P.S. Kotwali, District Ghazipur pending in the court of Chief Judicial Magistrate, Ghazipur.
Heard learned counsel for the applicants and learned A.G.A and perused the record.
Submission of counsel for the applicants is that as the offences involved in the matter are not cognizable in nature and therefore the provisions of complaint case ought to have been followed in the light of Section 2(d) Cr.P.C. But on the query being raised by the Court as to what steps have been taken by the court below which may indicate that the right procedure is not being followed in the light of Section-2(d) of Cr.P.C., the counsel has not been able to place any such fact. At any rate this application stands disposed of with the observation that the court below concerned shall adopt the right procedure keeping in perspective the provisions of Section-2(d) of Cr.P.C. while proceeding in the matter.
Order Date :- 30.9.2019 CPP/-