Irshad And 3 Others vs State Of U.P.And Another
2022 Latest Caselaw 5614 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 42
 

 
Case :- APPLICATION U/S 482 No. - 18167 of 2022
 
Applicant :- Irshad And 3 Others
 
Opposite Party :- State Of U.P.And Another
 
Counsel for Applicant :- Mazhar Ullah
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Saurabh Shyam Shamshery,J.

1. Heard learned counsel for the parties and perused the record.

2. The present application under Section 482 Cr.P.C. has been filed for quashing the charge sheet dated 9.11.2021 as well as impugned cognizance order dated 3.1.2022 in Criminal Case No.1022 of 2022 (State vs. Irshad and others), arising out of Case Crime No.207 of 2021, under Sections 323, 504 IPC, P.S. - Kotwali, District - Rampur, pending in the Court of First Additional Chief Judicial Magistrate, Rampur.

3. Shri Shubham Kesarwani, Advocate holding breif of Shri Mazhar Ullah, learned counsel for the applicants submits that Trial Court has taken cognizance on charge sheet of a non-cognizable offence, therefore, it cannot be treated as a police case and it may deemed to be a complaint case under explanation to Section 2(d) of Cr.P.C. and in this regard, he relied upon the 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 31.1.2019 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."

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

5. In view of above, the impugned cognizance order dated 3.1.2022 is set aside and the case is remanded back to the concerned Trial Court. The Trial Court is directed to comply explanation to Section 2(d) and proceed the case as a complaint case and pass order, in accordance with law.

6. With the aforesaid directions, the present application is finally disposed of.

Order Date :- 30.6.2022

Rishabh

[Saurabh Shyam Shamshery, J.]