RAKESH Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Satish Solanki, learned counsel for the applicants and Ms. Sushma Soni, learned Additional Government Advocate appearing for the State opposite party.

(2.) The present application under Sec. 482 of the Code of Criminal Procedure, 19731 has been filed seeking to quash the entire proceedings of Criminal Case No. 379 of 2021 (State Vs. Rakesh and others) arising out of Case Crime No. 0245 of 2021 under Sec. 504 and 506, police station-Jamunapur, District-Mathura, pending in the court of learned Judicial Magistrate, Mathura.

(3.) The only ground which is urged to seek quashing of the proceedings is that the F.I.R. having been lodged under Ss. 504 and 506 of the Indian Penal Code, 18602 (both offences being non-cognizable and bailable), the matter could not have been investigated in the absence of any order under Sec. 155(2) CrPC having been passed by the Magistrate and nor could the police report have been filed. It is submitted that filing of the charge sheet and taking of cognizance on the same being illegal, the proceedings cannot be sustained.