RAJEEV RASTOGI Vs. STATE

JUDGEMENT

(1.) This is a petition under Section 482 of the Code of Criminal Procedure read with Article 227 of the Constitution seeking quashing of the case arising from FIR No. 613/2007 at Police Station Krishna Nagar under Section 323 and 341 of IPC read with Section 34 thereof.

(2.) The FIR was registered on a compliant made by one Anupam Rastogi, who alleged that on 15th December, 2007, he had come to the house of her daughter Neha at E-3/9 Krishna Nagar to discuss certain family matters and was present on the first floor, when he was called downstairs by the father-in-law of his daughter. Four other persons named in the FIR were also present there. The discussion resulted in an altercation and during the course of altercation two of them namely Subodh and Miku caught hold of him by the neck, whereas Pappu and Guddu gave him legs and fist blows. Charge sheet for offences punishable under Sections 323/341/34 of IPC was filed after completion of investigation.

(3.) At the time of arguments before the trial court on issue of notice under Section 251 of the Code of Criminal Procedure, it was contended on behalf of the petitioners that non cognizable offence is made out against them on the basis of the allegations made in the FIR and no permission had been taken from the Magistrate for carrying out investigation into non-cognizable offence. The learned Metropolitan Magistrate agreed that no offence under Section 341 of IPC was made out, but declined to review the order whereby cognizance was taken under Sections 323/341/34 of IPC on the ground that he did not have power to review an earlier order whereby cognizance was taken. Notice, accordingly, was given to the petitioners for the offence punishable under Sections 323/341/34 of IPC giving an option to the petitioners to move this Court for quashing the FIR and consequent proceedings.