Court No. - 24
Case :- APPLICATION U/S 482 No. - 2642 of 2019 Applicant :- Vikash Chandra And Another Opposite Party :- State Of Up And Another Counsel for Applicant :- Triloki Nath Counsel for Opposite Party :- G.A.
Hon'ble Chandra Dhari Singh,J.
Heard Sri Triloki Nath, learned counsel for the applicants and learned A.G.A. for the State and perused the record.
The present application under Section 482 Cr.P.C. has been filed for quashing entire criminal proceedings of Case No.4680 of 2018, State vs. Vidhan Chandra and others, under Sections 323 and 352 I.P.C., P.S. Ram Nagar Varanasi, District Varanasi arising out of Case Crime no.0004 of 2018, along with chargesheet dated 16.01.2018 as well as cognizance order dated 12.09.2018.
Learned counsel for the applicant submitted that opposite party no.2 lodged a first information report on 07.01.2018 alleging therein that the applicant and his three brothers have beaten the opposite party no.2 and his family members due to electricity dispute. On the basis of first information report dated 07.01.2018 lodged by opposite party no.2 case crime no.0004 of 2018 under Sections 323 and 352 I.P.C. was registered.
Learned counsel for the applicants submitted that the offences under Sections 323 and 352 I. P. C. are non-cognizable, hence, in view of the Explanation to Section 2 (d) of the Code of Criminal Procedure, the case could not proceed as State Case and it had to proceed as a complaint case.
It is not disputed that the offences under Sections 323 and 352 I.P.C. are non-cognizable.
Explanation to Section 2 (d) of the Cr. P. C. runs as under:
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 to be a complaint; and the police officer by whom such report is made shall be deemed to be the complainant.
In view of the said Explanation report of the police officer after investigation disclosing commission of non-cognizable offence is to be deemed to be a complaint and the police officer who submitted the report has to be deemed to be a complainant. In other words the charge-sheet submitted by the police in a non-cognizable offence shall be treated to be a complaint and the procedure prescribed for hearing of complaint case shall be applicable to that case.
In the present case from the material brought on record it transpires that the charge-sheet submitted by the Investigating Officer instead of being treated as a complaint, has been taken cognizance of by the concerned Magistrate as a State Case, which is not permissible under law.
Learned A. G. A. vehemently opposed the submissions made by learned counsel for the applicants.
After having considered the submissions made by learned counsel for the parties and perused the material on record as well as the impugned cognizance order and examined the relevant provisions of the Code of Criminal Procedure, I am of the view that the submissions made by learned counsel for the applicants have force and are liable to be accepted.
For the aforesaid reasons, the charge-sheet dated 16.01.2018 submitted in case crime no.0004 of 2018, under Sections 323 and 352 I.P.C., P.S. Ram Nagar Varanasi, District Varanasi and cognizable order dated 12.09.2018 passed by IX Additional Chief Judicial Magistrate, Varanasi, District Varanasi are quashed.
The present application is disposed of.
However, it is made clear that the case shall be treated to be a complaint case and the procedure prescribed for hearing of the complaint shall be followed by the court concerned before summoning the applicants.
Order Date :- 22.1.2019 Asha