HARENDRA SINGH Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the applicants and learned A.G.A. Sri Shashi Dhar Tripathi and Sri V. P. Tripathi for the State.

(2.) THE applicants have filed this petition under Section 482, Cr. P.C., for quashing the entire proceedings of Criminal Case No. 17251 of 2007, State v. Harendra Singh and another, under Sections 323, 504 and 506, I.P.C., Police Station Hariparvat, district Agra arising out of Crime No. 879 of 2007. THE only point raised before me is that the offences under Sections 323, 504 and 506, I.P.C. are non-cognizable, therefore, learned Magistrate cannot proceed as State case on the basis of charge-sheet submitted by the police. Learned counsel for the applicants has cited Division Bench judgment of this Court in the case of Virendra Singh and others v. State of U. P. and others, 2002 (2) JIC 432 (All) : 2002 (2) ACR 1672 and single Judge judgment in the case of Pravesh and another v. State of U. P. and another, 2007 (1) JIC 455 : 2007 (1) ACR 992. In these two cases, it has been held that the U. P. Amendment in exercise of power conferred by the Amendment Act, amending Section 506, I.P.C. as cognizable offence is invalid, meaning thereby the offence under Section 506, I.P.C. is non-cognizable, but on a plain perusal of these judgments, clearly show that there is no reference of Full Court decision of this Court in the case of Mata Sewak Upadhyay and another v. State of U. P. and others, 1995 JIC 1168. In the said case, it has been clearly held by the three Judges Bench of this Court that the State Government Notification No. 777/VIII-9-4(2)-87, dated 31.7.1989 making Section 506, I.P.C. as cognizable and non-cognizable offence, is valid. THE law of precedents is very clear. THE Full Bench decision of this Court will prevail over the Division Bench or single Judge judgment, particularly when Full Bench decision is not at all discussed in these judgments.