VIJAI PAL Vs. STATE OF U.P.

JUDGEMENT

(1.) HEARD learned counsel for the applicants and learned AGA for the State -respondent. The present application under Section 482 Cr.P.C. has been filed for quashing of the charge sheet dated 11.6.2013 filed in pursuant to N.C.R. No. 284/2012, under Section 506, IPC, P.S. Civil Lines, District Rampur as also the order of taking cognizance thereon.

(2.) IT has been argued that the cognizance on the charge sheet for offence under Section 506, IPC is bad in law as Section 506, IPC is cognizable in view of the notification No. 777/VIII 9 -4(2) -87 dated July 31, 1989 published in the U.P. Gazette, Extra, Part -4, Section (kha) dated 2nd August, 1989, which has been declared illegal by the Judgment of the Division Bench of this Court in the case of Virendra Singh and others Vs. State of U.P. and others, : 2002 (45) ACC 609, since the cognizance has not been taken as complaint case and further that the murder case in which the applicants are wanted and is likely to be terminated by way of filing the final report.

(3.) LEARNED A.G.A. has stated that no useful purpose would be served in issuing notice to the opposite party no. 2 as it will only delay the proceedings of the present case.