Court No. - 65
Case :- APPLICATION U/S 482 No. - 17008 of 2019 Applicant :- Yashin Khan @ Anil And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Pradeep Yadav 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 summoning order dated 01.11.2018 whereby the accused-applicants have been summoned after taking cognizance on impugned charge sheet dated 02.7.2018 u/s 323, 504 I.P.C., arising out of N.C.R. No.333 of 2017, P.S.-Phulpur, District-Azamgarh as well as entire proceedings of the case.
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 non cognizable and therefore same should be proceeded with as complaint case. 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. There is no such record available and therefore the court is not in a position to see whether right procedure is being adopted or not.
However, in the facts and circumstances of the case, this application is disposed off with the observation that the concerned court below is required to keep in perspective Section-2(d) Cr.P.C. and see whether the same applies in the case or not and after going through the facts and circumstances of the case adopt correct procedure in the case.
Order Date :- 29.4.2019 M. Kumar