Ajay Kumar Rai And 3 Others vs State Of U.P. And Another
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Allahabad High Court

Ajay Kumar Rai And 3 Others vs State Of U.P. And Another on 23 August, 2025

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2025:AHC:146205
 

 
Neutral Citation No. - 2025:AHC:146205
 
Court No. - 89
 

 
Case :- APPLICATION U/S 482 No. - 37662 of 2024
 

 
Applicant :- Ajay Kumar Rai And 3 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Awadhesh Kumar Malviya
 
Counsel for Opposite Party :- Dileep Kumar Singh,G.A.
 

 
Hon'ble Jitendra Kumar Sinha,J.
 

1. Heard Mr. A.K. Malviya, learned counsel for the applicants, Mr. Dileep Kumar Singh, learned counsel for the opposite party no.2 and Mr. Ashish Kumar Tripathi, learned A.G.A. for the State.

2. The present application has been filed with prayer to quash entire proceedings of Criminal Case No.- 51225 of 2022 (State Vs. Ajay Kumar Rai and others) arising out of Case Crime No.- 74 of 2022 under Sections 323, 504, 506 I.P.C., P.S- Dullahpur, District- Ghazipur pending in the Court of learned Additional Civil Judge (J.D.)/Judicial Magistrate-12, Ghazipur.

3. It is contended by the learned counsel for the applicants that charge sheet has been submitted against applicant under Sections 323, 504, 506 of I.P.C. and learned Magistrate vide order impugned took cognizance against the applicants under the aforesaid sections. He further submits that in view of several judgments of this Court the same is not permissible as it has been held in one of the judgment of Nand Kishor and three others Vs. State of U.P. and another passed in Application u/s 482 No.-17585 of 2024, that when the charge sheet is submitted under non-cognizable sections of IPC, the learned Magistrate shall treat the charge sheet as complaint.

4. On the other hand, learned A.G.A. as well as learned counsel for the opposite party no.2 have opposed the above prayer however, they do not dispute the legal aspect of the matter.

5. The FIR was lodged under Sections 323, 504, 506 of I.P.C. and after investigation the police submitted charge sheet in the aforesaid sections against the applicants. Learned Magistrate, vide order dated 16.12.2022 took cognizance of the offence against applicant under the aforesaid sections as police case, which is no in accordance with law as propounded by this Court in the judgment of Nand Kishor and three others Vs. State of U.P. and another passed in Application u/s 482 No.-17585 of 2024.

6. In view of above, the order impugned passed by learned Magistrate is set aside and the application is allowed.

7. The matter is remitted back to the learned Magistrate to pass an appropriate order after hearing both the parties.

Order Date :- 23.8.2025

Virendra