WAHID Vs. STATE OF U.P. AND ANOTHER

JUDGEMENT

(1.) HEARD learned counsel for the applicant and learned AGA for the State.

(2.) THE applicant by way of filing this application under section 482 Cr.P.C. has sought to quash the charge sheet dated 08.05.2010 as well as cognizance taking order dated 31.05.2010 registered as Case No. 881 of 2010 (State v. Wahid and another), under Sections 504, 506 I.P.C., Police Station Souron, District Kanshiram Nagar, pending before learned Additional Chief Judicial Magistrate, Kanshiram Nagar The only argument raised by counsel for the applicant is that, it is not disputed that offence under Sections 504 506 IPC is non -cognizable and the offence under section 506 IPC was cognizable and non -bailable vide Uttar Pradesh Government Notification no. 777/VIII -94(2) -87 dated July 31, 1989. This notification issued by the government was held to be illegal by the Division Bench of this Court in the case of Virendra Singh and others v. State of U.P. and others,, XLV 2000 ACC 609 and so the position is that now the offence under section 506 IPC is also a non -cognizable offence. It has been further argued that the offence under sections 504, 506 IPC, are noncognizable so in view of the explanation to section 2(d) Cr.P.C. the court below cannot proceed as State case and it can only be proceeded as complaint case and the person who has filed the report shall be treated to be complainant and the learned Magistrate erroneously passed an order treating it as State case.

(3.) PER contra learned AGA has contended that section 506 IPC has been made cognizable and the vires of the amendment in Cr.P.C. making it cognizable has been upheld by a full bench of this Court in the case of Mata Sewak Upadhyaya v. State of U.P. and others, reported in, 1995 AWC 2031 :, 1996 All. JIC 107. He further submitted that in view of this the judgment of Mata Sewak Upadhayaya delivered by the full bench has to be followed.