Vinod Kumar Singh And 3 Others vs State Of U.P. & Another
2015 Latest Caselaw 1435 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 49
 

 
Case :- APPLICATION U/S 482 No. - 19516 of 2015
 

 
Applicant :- Vinod Kumar Singh And 3 Others
 
Opposite Party :- State Of U.P. & Another
 
Counsel for Applicant :- K.C. Kishan Srivastava
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Pankaj Naqvi,J.

Heard Sri K.C. Kishan Srivastava, learned counsel for the applicants, and learned A.G.A. for the State.

The present application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Case Crime No. Nill / 2011 (NCR No.230/2011) under Sections 323, 504, 427 I.P.C. P.S. Sarai Khwaza, District Jaunpur along with impugned charge sheet dated 12.6.2012.

The contention is that the charge sheet has been filed u/s 323, 504, 427 I.P.C. which are non cognizable offences thus, in view of the explanation appended to Section 2(f) of the Cr.P.C., such a report shall be deemed to be a complaint. Prima facie, there is merit in the submissions.

Learned A.G.A. has accepted notice on behalf of opposite party no. 1.

Issue notice to opposite party no. 2.

Opposite parties may file counter affidavit's within three weeks. Rejoinder affidavit, if any, may be filed within a week thereafter.

List in the week commencing 28.9.2015, before appropriate Court.

Till the next date of listing, further proceedings of Case Crime No. Nill / 2011 (NCR No.230/2011) under Sections 323, 504, 427 I.P.C. P.S. Sarai Khwaza, District Jaunpur, pending before the court of C.J.M. shall remain stayed.

However, it is made clear that this order shall not be an impediment for the court to proceed as a complaint case.

Order Date :- 23.7.2015

AHN