ASHISH KUMAR TIWARI Vs. STATE OF U.P.

JUDGEMENT

(1.) Notice need not be issued to opposite party No. 2 as learned A.G.A. is present for the State in this matter based on charge-sheet. Heard Sri Rakesh Dubey, learned counsel for the applicants and learned A.G.A. for the State.

(2.) The application under Section 482 Cr. P.C., 1973 has been moved for quashing the entire proceedings of Criminal Case No. 6733 of 2014 (State v. Ashish Kumar and others) arising out of N.C.R. No. 48 of 2014, under Sections 323, 504 I.P.C., P.S. Nawabganj, District Kanpur Nagar pending in the Court of A.C.M. VIII, Kanpur Nagar based upon Charge Sheet No. Nil of 2014 dated 30.09.2014 and also for quashing the cognizance and summoning order dated 25.11.2014.

(3.) Learned counsel for the applicant contends that the applicants have been falsely implicated in N.C.R. No. 48 of 2014, under Sections 323/504 I.P.C., P.S. Nawabganj in which upon investigation charge-sheet has been submitted; that the offences under Sections 323, 504 I.P.C. are bailable and non-cognizable according to 1st Schedule of Cr. P.C. and according to the provisions of explanation to section 2(d) of Cr. P.C., 1973 the charge-sheet filed before the Magistrate is to be treated as complaint and so the order of Magistrate taking cognizance dated 25.11.2014 is liable to be quashed.