SATISH KUMAR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) -Heard Sri P. N. Tripathi, learned counsel for the applicants and learned A.G.A. for the State of U. P.

(2.) THIS application has been filed with a prayer to quash the proceeding of Criminal Case No. 50 of 2008, State v. Narendra Bahadur and others, under Sections 323 and 504 I.P.C., P. S. Barsathi, District Jaunpur pending in the Court of learned Judicial Magistrate-I, Jaunpur.

(3.) THE present case is covered by the Explanation clause of Section 2 (d), therefore, in the present case the police report (charge-sheet) submitted by the I.O. shall be deemed to be a complaint and the police officer by whom such report is made shall be deemed to be a complainant. THErefore, the commencement of the proceeding shall be in accordance with the procedure prescribed by Code of Criminal Procedure, 1973 in a complaint case. In the present case proper procedure for commencement of the proceeding has not been followed by learned Magistrate concerned, the cognizance taken by the learned Magistrate concerned is illegal, therefore, the proceeding pending in the Court of learned Magistrate concerned are illegal and is liable to be set aside.