RAKESH KUMAR SHARMA Vs. STATE OF U P

JUDGEMENT

(1.) R. K. Rastogi, J. This is an application under Section 482 Cr. P. C. for gashing the proceedings of Criminal Case No. 540 of 2004, State v. Ram Sewak, under Section 504 I. P. C. , P. S. Pahasu District Bulandshahr pending in the Court of Civil Judge (Jr. Division)/judicial Magistrate, Khurja.

(2.) HEARD the learned Counsel for the applicant and the learned A. G. A. for the State. Since in the present case the point involved is legal one, I am deciding it on merits at the admission stage.

(3.) HE submitted that in the present case originally the F. I. R. was lodged under Section 307 I. P. C. but after investigation the Investigation Officer came to the conclusion that no offence under Section 307 I. P. C. was made out and only a case under Section 504 I. P. C. was made out against the applicant and so a charge-sheet under Section 504 I. P. C. was submitted against the applicant. HE contended that in view of in aforesaid Explanation to Section 2 (d) Cr. P. C. the case could not proceed as a police case in respect of an offence punishable under Section 504 I. P. C. because the offence under Section 504 I. P. C. is non- cognizable and so the case could proceed only as a complaint case in view of the aforesaid Explanation.