Pooran Chand vs State Of U.P. And Another
2023 Latest Caselaw 1435 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 71
 
Case :- APPLICATION U/S 482 No. - 25803 of 2022
 
Applicant :- Pooran Chand
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Prem Sagar Verma,Madan Mohan
 
Counsel for Opposite Party :- G.A.
 
Hon'ble Mrs. Sadhna Rani (Thakur),J.

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

It is argued by the learned counsel for the applicant that the impugned charge sheet no. 39 of 2022 dated 16.2.2022 has been filed under section 323, 504 and 506 I.PC., so in the light of section 2-D of Cr.P.C. the proceedings of this case shall proceed as a complaint case and the police officer by whom a report was made shall be deemed to be the complainant. Though in code of criminal procedure section 506 I.P.C. has been mentioned as a non cognizable and bailable offence while by the State amendment dated 31.7.1989 vide notification no. 777/VIII 9-4(2) 87 published in U.P. Gazette extra, Part A section (kha) dated 2.8.89 the offence was made to be cognizable and non bailable but as per the Judgment of Division Bench in Virendra Singh Vs. state of U.P. 2002 Cril J 4265, Allahabad this section is declared to be bailable and non cognizable and the State amendment is declared to be illegal, hence, the prayer is made accordingly.

From the perusal of the Code of Criminal Procedure the position is found as argued by the learned counsel for the applicant on the basis of judgment of Virendra Singh (supra), the amendment made by official gazette dated 2.8.1989 above has been declared to be illegal, hence, offence under section 506 I.P.C. is found to be bailable and non cognizable. As the offence as per the charge sheet filed is under section 323, 504 and 506 I.P.C., so in the light of Section 2-D of the code of criminal procedure, the proceedings shall be deemed to be a complaint proceedings. The police officer by whom such report is made shall be deemed to be the complaint, hence, the cognizance / summoning order dated 5.5.2022 passed by court concerned is found to be against the law, consequently the cognizance / summoning order dated 5.5.2022 is quashed with the direction to the trial court to pass a fresh order in the light of Section 2-D of the code of criminal procedure.

The application under section 482 Cr.P.C. is disposed of accordingly.

Order Date :- 13.1.2023/Gss