Allahabad High Court
Siddharth Srivastava & Others vs State Of U.P. & Another on 11 April, 2019
Bench: Shashi Kant
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?A. F. R.
Court No. - 11
Case :- U/S 482/378/407 No. - 2723 of 2019
Applicant :- Siddharth Srivastava & Others
Opposite Party :- State Of U.P. & Another
Counsel for Applicant :- Vishnu Kumar Srivastava,Ashish Singh
Counsel for Opposite Party :- Govt. Advocate
Hon'ble Shashi Kant,J.
In view of the order proposed to be passed, there is no need to issue notice to opposite party no. 2.
This application under Section 482 Cr.P.C. has been filed to quash the charge sheet No. Nil/2018, dated 12.11.2018 under Section 323/504 IPC in NCR No. 82/2018, Police Station Kotwali Nagar, district Bahraich pending in teh court of Chief Judicial Magistrate, bahraich including entire proceedings.
Learned counsel for the applicant contended that in the present case non cognizable report (NCR) under Section 323 & 504 IPC has been lodged in which after investigation with the permission of the Court charge sheet has been filed under the same sections that are 323 & 504 IPC. It is further contended that under the provision of Section 2 (d) of the Code of Criminal Procedure no charge sheet can be filed in the case and if committal of offences are found during investigation then report filed by the investigating officer should be taken as complaint and investigating officer would be treated as complainant. Section 2 (d) of the Cr.P.C. reads as under:
Section 2 (d) of the Code of Criminal Procedure, 1973:
(d) "complaint" means any allegation made orally or in writing to a Magistrate, with a view to his taking action under this Code, that some person, whether known or unknown, has committed an offence, but does not include a police report.
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;
It is further contended that by means of impugned order dated 11.01.2019 the Court has taken cognizance on the charge sheet which is wrong, illegal and liable to be quashed.
Learned AGA opposed the above contention, but conceded that provision of Section 2 (d) Cr.P.C. are applicable in the case.
After considering the rival arguments and perusal of record, I am of the considered view that the impugned order is not in accordance with above referred provision of Section 2 (d) Cr.P.C. In view of above, it is wrong, illegal and not sustainable in the eyes of law.
In view of above, application is allowed. Matter is remanded back to the Court below for passing appropriate order on the report filed by the investigating officer, in accordance with law, in the light of observations made above, after hearing the necessary parties, except the applicants who are proposed accused.
Order Date :- 11.4.2019
Ravi Prakash
