VIMAL DUBEY Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the applicants and learned AGA for the State and perused the record.

(2.) This application under sec. 482 Cr.P.C. has been filed with a prayer to quash the proceedings of Case No. 648 of 2021, arising out of charge sheet No. NIL of 2021 dtd. 21/1/2021 of NCR No. 114 of 2020(State Vs. Vimal Dubey and another), under Sec. 323, 504, IPC, Police Station Chilh, District Mirzapur, pending in the court of IInd Additional Chief Judicial Magistrate, Mirzapur.

(3.) Learned counsel for the applicants mainly contended that an NCR under Sec. 323 and 504 IPC was registered and thereafter investigation was conducted and charge sheet has been submitted against the applicants. Learned Magistrate has taken cognizance of the offence without looking into the police report and against the provisions of law. Learned counsel for the applicants submitted that as per sec. 2(d) Cr.P.C., if after investigation the police report discloses commission of non cognizable offence, it has to be treated as a complaint and investigating officer/police officer shall be deemed to be complainant and the procedure of complaint case is to be followed. In view of the provisions of sec. 2(d) Cr.P.C. the filing of charge sheet and the impugned order dtd. 15/7/2021, taking cognizance of the offence on the police report/charge sheet and issuance of process against the applicants is vitiated in the law.