Yogesh And 2 Others vs State Of U.P. And Another
2022 Latest Caselaw 21562 ALL

Citation : 2022 Latest Caselaw 21562 ALL
Judgement Date : 16 December, 2022

Allahabad High Court

Yogesh And 2 Others vs State Of U.P. And Another on 16 December, 2022

Bench: Saurabh Shyam Shamshery




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 84
 
Case :- APPLICATION U/S 482 No. - 27491 of 2022
 
Applicant :- Yogesh And 2 Others
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Vijay Tripathi,Ajay Pratap Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Saurabh Shyam Shamshery,J.

1. The present application under Section 482 Cr.P.C. has been filed for quashing of entire proceedings in pursuance of charge sheet dated 10.06.2020 as well as summoning order dated 10.07.2020 in Case No. 3194 of 2020, arising out of Case Crime No. 76 of 2020 (State of U.P. vs. Yogesh and others), under Sections 323, 504 IPC, Police Station Saiyan, District Agra.

2. I find merit in the argument of Sri Vijay Tripathi, learned counsel for applicants that impugned summoning order dated 10.07.2020 is illegal as both offences under Sections 323, 504 IPC are non cognizable and it is barred by explanation to Section 2(d) Cr.P.C. and in this regard, he relied on a judgment passed by this Court in Santosh Kumar and others vs. State of U.P. and another (Application u/s 482 No.45609 of 2018), decided on 31.01.2019 wherein this Court, after relying upon various judgments, has held that :-

"In the present matter, investigation was undertaken for non-cognizance offence and charge sheet filed under non-cognizance offences only, therefore, charge-sheet should be treated as a complaint. Therefore, the order impugned i.e. order of taking cognizance is set aside and the learned trial court shall proceed the case as a complaint case under Chapter XV of the Code of Criminal Procedure. The trial court may also directed to take it into consideration the Proviso (a) to Section 200 Cr.P.C."

3. Learned A.G.A. has fairly submits that this Case is squarely covered by the Santosh Kumar (Supra).

4. In view of above, the application is allowed. Impugned summoning order dated 10.07.2020 is set aside and matter is remanded back to the concerned Trial Court to proceed with case in terms of explanation to Section 2(d) Cr.P.C.

Order Date :- 16.12.2022

AK-(Sl. No. 7 out of 282 fresh cases)