Baboo Khan @ Mirajudeen vs State Of U.P. And Another
2023 Latest Caselaw 9885 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 67
 
Case :- APPLICATION U/S 482 No. - 9031 of 2023
 
Applicant :- Baboo Khan @ Mirajudeen
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Ansar Ahmad
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Rahul Chaturvedi,J.

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

The only prayer sought by the counsel for the applicant is to quash the impugned charge sheet dated 30.09.2022 as well as entire proceeding of the case no.38547 of 2022 as case crime no.409 of 2022 under sections 323/506 IPC, Police station-Civil Lines, District-Aligarh pending in the court of Chief Judicial Magistrate, Aligarh.

Learned counsel for the applicant has drawn the attention of the Court to the judgment of co-ordinate Bench of this Court in the case of Ghanshyam Dubey @ Litle and others vs. State of U.P. and others; reported in [2013 (4) ADJ 474]. Paragraphs 4 and 5 of the aforesaid order is quoted hereinbelow:-

"It has been provided in the explanation to section 2(d) of the Criminal Procedure Code that a report made by the 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. In view of this explanation, the charge-sheet submitted by the police in the above case under Sections 323, 504, 506 I.P.C. could not be treated to be police case, but it would be deemed to be a complaint and the police officer who submitted the charge-sheet is to be deemed to be the complainant. As such, the order passed by the learned Magistrate for taking cognizance on the charge-sheet as a state case is illegal and is liable to be set aside.

The application under Section 482 Cr.P.C. is therefore, allowed to the extent that the order passed by the Judicial Magistrate on the charge-sheet in Case No. 1850 of 2009 arising out of N.C.R. No. 65 of 2009, under Sections 323, 504, 506 I.P.C I.P.C. P.S. Sujanganj, District Jaunpur is set aside and the above charge-sheet shall be treated to be a complaint under Section 506 I.P.C. and the Magistrate concerned shall follow the procedure prescribed under the Criminal Procedure Code for taking action on the complaint."

Thus, taking help of the aforesaid order, the present application under Section 482 Cr.P.C. stands allowed to the extent that the order passed by the concerned Magistrate and the charge-sheet under Section 323/506 I.P.C. are set aside. The charge-sheet shall be treated as complaint case under Section 323/506 I.P.C. and the concerned Magistrate shall follow the procedure prescribed under Chapter XV of the Cr.P.C. and proceed like that.

Order Date :- 4.4.2023

Sumit S