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2017 DIGILAW 2363 (ALL)

Kavindra Singh Yadav v. State of Uttar Pradesh

2017-10-12

RAMESH SINHA

body2017
JUDGMENT : RAMESH SINHA, J. 1. Heard Sri S.K. Misra, learned counsel for the applicants and Sri Ashish Pandey, learned AGA for the State and perused the record. 2. By means of this application filed under Section 482 Cr.P.C., 1973 the applicants have prayed to quash the summoning order dated 21.4.2016, charge sheet dated 3.3.2016 and further proceeding of criminal case No. 469/2016 under section 323 IPC, P.S. Jamaniya, district Ghazipur pending before A.C.J.M. Ghazipur. 3. Learned counsel for the applicants submits that the offences under section 323, 504 I.P.C. are non cognisable offences, therefore, the charge sheet filed by the Investigating Officer cannot proceed as a police case and the same is liable to be proceeded with as a complaint case. He placed reliance on Murli and others v. State of U.P. and another, 2008 (61) ACC 54, Virendra Singh and others v. State of U.P. and others, 2002 (45) ACC 609 and Shakila Bano and others v. State of U.P. and another, 2008 (61) ACC 636. 4. According to the first Schedule to the Code of Criminal Procedure, the offences under sections 323, 504 are non cognisable, therefore, the explanation to section 2 (d) of the aforesaid Code is attracted in this case. section 2 (d) of the Code of Criminal Procedure, 1973 is provides: "(d) "Complaint" means any allegation made orally or in writing to a Magistrate, with a view to his taking action under this Code, that some person, whether known or unknown, has committed an offence, but does not include a police report." Explanation-A report made by a police officer in a case, which discloses, after investigation, the commission of a non-cognisable offence shall be deemed a complaint and the police officer by whom such report is made shall be deemed to be the complainant." 5. In view of the aforesaid explanation, the police report in respect of non cognisable offences is nothing except a complaint within the meaning of section 2(d) of the aforesaid Code, therefore, the trial has to proceed as a complaint case, not as a case instituted on police report. The learned Magistrate is directed to proceed with matter as complaint case accordingly. 6. With the aforesaid observations, the present application under Section 482 Cr.P.C., 1973 is disposed of.