Faisal vs State Of U.P. And Another
2022 Latest Caselaw 21556 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 84
 

 
Case :- APPLICATION U/S 482 No. - 27650 of 2022
 

 
Applicant :- Faisal
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Gajendra Pratap Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Saurabh Shyam Shamshery,J.

Sri Ajay Vikram Yadav holding brief of Sri Gajendra Pratap Singh, learned counsel for applicant submits that F.I.R. was lodged under cognizable offence but charge sheet was filed under Section 504 I.P.C. which is a non cognizable offence and as such learned trial Court has committed an error by taking cognizance of it which is barred to proviso to Section 2(d) of Cr.P.C. and he placed reliance upon a judgment of this Court in Santosh Kumar and others vs. State of U.P. and another, 2019 0 Supreme (All) 1650.

Sri Munne Lal, learned A.G.A. for State has not contradicted above submissions.

In view of above, cognizance order dated 04.05.2022 passed in Case No. 572 of 2022 (State vs. Faisal) arising out of Case Crime No. 341 of 2021 under Section 504 I.P.C., Police Station- Cantt., District- Bareilly is set aside with a direction that learned trial Court shall treat it as a complaint and shall take cognizance and proceed in accordance with law.

Application stands disposed of.

Order Date :- 16.12.2022

Nirmal Sinha

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