VIJAY SHUKLA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the applicants and learned AGA for the State-respondent.

(2.) The present application under Sec. 482 Cr.P.C. has been filed for quashing the impugned order dtd. 4/2/2022 as well as charge sheet dtd. 1/9/2021 in Case No. 5595 of 2022 (State vs Vijay Shukla @ Tinku) arising out of Case Crime No.160 of 2021, under Ss. 323, 504 and 506 IPC, police station Bithoor, district Kanpur Nagar pending before the court of Additional Chief Metropolitan Magistrate-I, Kanpur Nagar.

(3.) The submission in the present application is that charged offences are non-cognizable and the learned Magistrate may pass an order taking cognizance if he so desires by proceeding under Chapter XV of the Code of Criminal Procedure. Reliance has been placed on the explanation to sec. 2(d) of the Code of Criminal Procedure.