AJAY ALIAS SHERU Vs. STATE OF U P

JUDGEMENT

(1.) "Whether after taking cognizance and issuing summons to the accused on the police report disclosing non-cognizable offence after investigation, fresh summoning order is to be passed after following the procedure laid down in Chapter XV of the Code of Criminal Procedure (in short, the Cr. P.C.)", is the main point that falls for consideration in this proceeding under Section 482, Cr. P.C., by means of which the applicants-accused have invoked inherent jurisdiction of this Court praying for quashing the entire proceedings of Criminal Case No. 5513 of 2006, State v. Ajay and others, arising out of Case Crime No. 282 of 2006, under Sections 323 and 504, I.P.C. P. S. Buxa, District Jaunpur pending in the Court of Judicial Magistrate 1st (Court No. 27), Jaunpur.

(2.) SHORN of unnecessary details, the facts leading to the filing of the application under Section 482, Cr. P.C., in brief, are that Sri Ramesh Kumar (opposite party No. 2 herein) had lodged an F.I.R. on 26.5.2006 at P. S. Buxa, District Jaunpur, where a case under Sections 392, 323 and 504, I.P.C. was registered at Crime No. 282 of 2006, against the accused-applicants. After investigation, the police submitted the report (charge-sheet) on 28.6.2006 under the provisions of Section 173 (2), Cr. P.C., under Sections 323 and 504, I.P.C., on which cognizance was taken by learned Judicial Magistrate 1st (Court No. 27) Jaunpur vide order dated 28.9.2006 and the applicants-accused were summoned to face the trial under Sections 323 and 504, I.P.C. When the accused-applicants did not appear in pursuance of the summons, order of issuing bailable warrant was passed against them. Instead of appearing in the trial court, the applicants-accused have approached this Court in this proceeding under Section 482, Cr. P.C., to quash the entire proceedings of criminal case referred to above.

(3.) THE learned A.G.A. on the other hand submitted that on submission of the police report (charge-sheet) in Case Crime No. 282 of 2006, the Magistrate has rightly taken cognizance and issue summons against the accused-applicants and hence it is not necessary now to pass fresh summoning order after following the procedure laid down in Chapter XV, Cr. P.C. It was further submitted by learned A.G.A., that the Magistrate concerned may be directed to follow the procedure for trial of the accused as laid down in Chapter XX, Cr. P.C.