Allowed

Anand Mishra and 3 Others v. State of U.P. and Another

Allahabad HC8 Jan 2018A482/12/2018

Case brief

AI extract

What is this about?

This jurisdiction was moved to quash a charge-sheet filed under Sections 323 and 504 IPC, which are non-cognizable offences. The court directed the lower court to treat the charge-sheet as a complaint under Section 2(d) Cr.P.C. and set aside the previously taken cognizance. The stay of proceedings was also granted by virtue of this direction.

What did the court decide?

The application for quashing of charge-sheet was allowed. The charge-sheet was directed to be treated as a complaint. Cognizance taken on 17.09.2016 was set aside.

Anand Mishra and 3 Others Vs State of U.P. and… — Criminal Trial and Appeal | Allahabad HC (2018)

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Court No. - 17

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Case :- APPLICATION U/S 482 No. - 12 of 2018

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Applicant :- Anand Mishra And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ajay Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Dinesh Kumar Singh-I,J.

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This Application under Section 482 Cr.P.C. has been moved seeking quashing of the charge-sheet dated 06.07.2017 in case crime No.567 of 2017 registered as Criminal Case No. 11549 of 2017 (State Vs. Anand Mishra and others) under Sections 323, 504 I.P.C., P.S. Cantt District Varanasi pending in the court of C.J.M., Varanasi. Simultaneously it is prayed that further proceedings in the said case be stayed during the pendency of this Application.

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Learned counsel for the applicant contends that wife of applicant No.1 has lodged a false F.I.R. against the applicants registered as Crime No. 567 of 2017 under Section 147, 323, 504 I.P.C. on 30.05.2017. After investigation in the matter, the police has filed charge-sheet against all the applicants under Sections 323 and 504 I.P.C. only which are non-cognizable offence, therefore in view of the provision under Section 2(d) of the Cr.P.C., the magistrate could not have taken cognisance on the said charge-sheet and should have treated the said chargesheet as a complaint.

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Heard the learned counsel for the applicants, learned A.G.A. and perused the record.

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It is evident that the O.P. No.2 had lodged an F.I.R. under Sections, 147, 323, 504 I.P.C. which was registered as Crime No. 567 of 2017 which was investigated by the police and after investigation the case under Section 323, 504 I.P.C. only was found to have been made out which is non-cognizable offence.

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For the sake of convenience, the provision of Section 2(d) is quoted herein below:

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"(d) " complaint" means any allegation made orally or in writing to a Magistrate, with a view to his taking action under this Code, that some person, whether known or unknown, has committed an offence, but does not include a police report. Explanation.- A report made by a police officer in a case which discloses, after investigation, the commission of a non-

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cognizable offence shall be deemed to be a complaint; and the police officer by whom such report is made shall be deemed to be the complainant;"

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In view of the above provision, it is apparent that since in the case at hand, after investigation, the case is found made out only under Sections 323, 504 I.P.C. which are non-cognizable offences, hence the magistrate could not have taken cognisance on the charge-sheet. The said cognisance needs to be set aside.

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This Application is, accordingly, disposed of with a direction that the court below shall treat this charge-sheet to be a compliant and proceed accordingly and the cognisance taken on 17.09.2016 by the court below is set aside.

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Since this application is disposed of finally without issuing notice to O.P. No.2 as it is disposed of only on the legal plea, O.P. No.2 may approach this Court in case, it feels aggrieved by this order.

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Order Date :- 8.1.2018 A. Mandhani

Anand Mishra and 3 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Anand Mishra and 3 Others v. State of U.P. and Another

Case brief

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What did the court decide?

What the court decided

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