PRAVESH Vs. STATE OF U P

JUDGEMENT

(1.) R. K. Rastogi, J. This is an application under Section 482 Cr. P. C. for quashing the proceedings of case No. 500 of 2005, State v. Vinay Kumar, pending in the Court of the Additional Chief Judicial Magistrate-I, Jaunpur.

(2.) THE facts relevant for disposal of this application are that a First Information Report was lodged by Dinesh Chandra Tiwari against accused Kashi Nath, Pappu, Vinay Kumar and Pravesh under Sections 323, 504 and 506 I. P. C. on the basis of which case crime No. 41 of 2005 was registered at police station Rampur District Jaunpur. THE police after investigation of the case submitted charge-sheet against the accused persons under Sections 323, 504 and 506 I. P. C. and on that charge-sheet Magistrate took cognizance and summoned the accused persons. Aggrieved with that order, present application has been filed.

(3.) I have carefully gone through the said ruling. It is to be seen that it is not disputed that offences under Sections 323 and 504 I. P. C. are non-cognizable and the offence under Section 506 I. P. C. was made cognizable and non-bailable vide the Uttar Pradesh Government Notification No. 777/viii-94 (2)-87 dated July 31, 1989 published in U. P. Gazette, Extra Part-4 Section (Kha) dated 2nd August, 1989. This notification issued by the Government was held to be illegal by Division Bench of this Court in the case of Virendra Singh and Ors. v. State of U. P. and Ors. , 2000 (2) JIC 649 (All) : 2000 (45) ACC 609, and so the position is that now the offence under Section 506 I. P. C. is also a non-cognizable offence.