Court No. - 85
Case :- APPLICATION U/S 482 No. - 37068 of 2012 Applicant :- Sanjay Pathak Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vikrant Gupta Counsel for Opposite Party :- Govt. Advocate
Hon'ble Gautam Chowdhary,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 praying for quashing of charge sheet dated 30.05.2012 as well as the entire proceedings of Case No. 514 of 2012 (State Vs. Sanjay Pathak), arising out of N.C.R. No. 33 of 2012, under Sections- 127-A Public Representation Act and summoning order dated 20.07.2012, Police Station- Kotwali, District- Rampur, pending in the court of Addl. Chief Judicial Magistrate-II, Rampur.
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 dated 20.07.2012 passed by the learned Addl. Chief Judicial Magistrate-II, Rampur 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 computer generated copy as well as self attested by the counsel of the party concerned of this order.
With the aforesaid observations, the present application is disposed of.
Order Date :- 30.7.2021 RPD