PRAVEEN KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned Counsel for the - applicants, learned AGA for the State and perused the record.

(2.) By invoking the inherent jurisdiction of this Court, the applicants Praveen Kumar and two others have filed this application with the prayer to quash the charge-sheet and the entire proceedings of criminal case No. 3324 of 2010 pending against them before the CJM, Muzaffarnagar.

(3.) It is contended on behalf of the applicants that the offences under Sections 323, 504, 506 IPC are non-cognizable and in view of the explanation to Sections 2(d) Code of Criminal Procedure, the case could not proceed as a State case, but the Magistrate belying the procedure laid down for taking cognizance on a complaint, has taken cognizance directly on the charge-sheet which is against law. It may be pointed out that Explanation to Section 2(d) of Code of Criminal Procedure prescribes that "A report made by a police officer in a case which discloses, after investigation the commission of non-cognizable offence shall be deemed to be a complaint; and the police officer by whom such report is made shall be deemed to be the complainant,