Court No. - 10
Case :- APPLICATION U/S 482 No. - 13833 of 2018 Applicant :- Surya Nath Opposite Party :- State Of Up And 3 Others Counsel for Applicant :- Paras Nath Singh Counsel for Opposite Party :- G.A.
Hon'ble Suneet Kumar,J.
Heard learned counsel for the applicant and learned A.G.A.
This application under Section 482 Cr.P.C. has been filed for quashing the criminal proceeding of Criminal Case No. 1374 of 2018, under Section 323, 504 IPC (State vs. Surya Nath), P.S. Parashurampur, District Basti pending in the court of ACJM-I Basti.
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 :- 27.4.2018 Mukesh Kr.