Vishal Kesarwani vs State Of U.P. And Another
2024 Latest Caselaw 15739 ALL

Allahabad High Court

Vishal Kesarwani vs State Of U.P. And Another on 6 May, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:81484
 
Court No. - 92
 
Case :- APPLICATION U/S 482 No. - 14751 of 2024
 

 
Applicant :- Vishal Kesarwani
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Harbansh Prasad Pandey
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Arun Kumar Singh Deshwal,J.
 

1. Heard learned counsel for the applicant and Ms. Ruchi Mishra, learned State Law Officer for the State.

2. The present application has been filed seeking quashing of charge sheet no.42 of 2022 dated 18.05.2022 and cognizance order dated 30.01.2023 as well as entire criminal proceedings of Criminal Case No.80 of 2023, arising out of Case Crime No.263 of 2021, under Sections 323, 504 IPC, Police Station Shankargarh, District Prayagraj, pending in the court of learned Additional Chief Judicial Magistrate, Room No.18, Allahabad.

3. Contention of learned counsel for applicant is that the impugned proceeding is bad in the eyes of law. The police has filed charge sheet under Sections 323 & 504 IPC which are non-compoundable offence. As per Section 2 (d) of Cr.P.C., charge sheet filed under non-compoundable offence shall be treated as complaint and proceeding of complaint would be followed but in the present case, learned Magistrate has taken cognizance on the charge sheet treating the same as State case.

5. In support of his contention learned counsel for the applicant has relied upon judgment of Co-ordinate Bench of this Court passed in the case of Charndra Bhan and 3 others Vs. State of U.P. and 2 others, Application U/S 482 No.23506 of 2021 as well as judgment of Co-ordinate Bench of this Court in the case of Santosh Kumar and 2 others Vs. State of U.P. and another, Application U/S 482 No.45609 of 2018.

6. Considering the aforesaid submission and legal position as well as considering the explanation to Section 2 (d) of Cr.P.C. which prescribes that the police report submitted by the police disclosing commission of non-compoundable offence shall be deemed to be a complaint but in the present case learned Magistrate instead of treating the police report under non-cognizable offence as complaint, has taken cognizance treating the same as State case, therefore, impugned order dated 30.01.2023 passed by learned Additional Chief Judicial Magistrate, Court No.18, Allahabad is erroneous hence set aside.

7. The court below is directed to treat the charge sheet dated 18.05.2022 filed in the impugned proceeding as complaint case, the court below will proceed further as complaint case as per Chapter XV of Cr.P.C.

8. With the aforesaid observation, the present application is allowed.

Order Date :- 6.5.2024

Atul