RAMESH CHANDRA Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the applicants, learned AGA for the State and perused the record.

(2.) This is an application under Section 482, Cr.P.C moved on behalf of the applicants to quash the criminal proceedings in criminal case No. 693 of 2009 State v. Ramesh Chandra and others under Sections 323 & 504 IPC, PS. Koiaraona, district Sant Ravi Das Nagar (Bhadohi) pending in the Court of Judicial Magistrate II, Bhadohi at Gyanpur including charge-sheet filed by the Investigating Officer dated 29.12.2008.

(3.) On the report lodged on behalf of the respondent No. 2 Suresh Chandra Gupta, a non-cognizable case was entered by the Police against all the applicants for the offence under Section 323 & 504 IPC. Later on an application under Section 156 (3), Cr.P.C. was moved by the respondent No. 2 before the learned Magistrate and on the application in place of passing the order of registration and investigation by the police in the matter vide order dated 26.9.2008, learned Magistrate have issued direction to the police of PS. concerned to investigate the matter on the first information report lodged by Suresh Chandra Gupta entered as non-cognizable report. Under the order of the Court police of the P.C. concerned started investigation in the matter and charge-sheet was submitted against all the four accused persons. On the same, cognizance was taken by the Court and ordered for summoning the accused. Learned counsel for the applicants argued that charge-sheet submitted by the Investigating Officer is for the non-cognizable offence under Sections 323 and 504 IPC. It should have been treated as complaint case in place of State case and the investigating officer should have been treated as complainant. Learned counsel for the applicant argued that wrong procedure of State case was started by the learned magistrate. He referred the definition of the complaint given under Section 2 (d), Cr.P.C. which reads as follows :