Court No. - 42
Case :- APPLICATION U/S 482 No. - 23411 of 2019 Applicant :- Sanjay Mishra Opposite Party :- The State Of U.P. And Another Counsel for Applicant :- Hari Shankar Nath Tripathi,Prem Shankar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the entire proceedings of Criminal Case No. 3522 of 1999 (State vs. Rama Shankar and others) arising out of Case Crime No. 434 of 1998, under Sections- 323 and 504 I.P.C., Police Station- Khalilabad, District- Sant Kabir Nagar, pending in the Court of Chief Judicial Magistrate, Sant Kabir Nagar.
Learned counsel for the applicant submits that the present prosecution has arisen out of NCR. It is stated that the offence as alleged are non-cognizable and therefore neither the charge sheet could have been submitted by the Investigating Officer nor the learned Magistrate could have taken cognizance in view of the explanation under Section 2(d) of Cr.P.C.
It is further stated that the only course open to the learned Magistrate was to have treated the case as a complaint case and to have proceeded with, in accordance with law accordingly.
Reliance has been placed on the decision of this Court dated 15.05.2018 passed in Application U/S 482 No. 5917 of 2006 wherein this Court has taken view that neither the charge sheet could have been submitted by the Investigating Officer nor the learned Magistrate could have taken cognizance on the same, treating it as a State case.
Learned AGA on the other hand submits that while the learned Magistrate may not have taken cognizance on the charge sheet treating it to be a State case. However, it was open to the learned Magistrate to follow the complaint case procedure.
Considering the above, no useful purpose would be in keeping the present application pending any further. The order passed by the Chief Judicial Magistrate, Sant Kabir Nagar is set aside and the matter is remitted to the learned Magistrate to pass a fresh order, strictly in accordance with law, keeping in mind the observations made above.
The aforesaid exercise may be concluded as expeditiously as possible, preferably within a period of two months from the date of production of a certified copy of this order.
With the aforesaid observations, the present application is disposed of.
Order Date :- 26.6.2019 Rohit