Partly allowed

Atar Singh and Another v. State of U.P. and Another

Allahabad HC5 Jan 2018A482/43136/2017

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C., the court held that a charge-sheet in a non-cognizable case filed by police after investigation is not a valid police report under Section 173 but must be treated as a complaint. The cognizance order was set aside, and the court directed the lower court to treat it as a complaint.

What did the court decide?

Charge-sheet treated as a complaint; cognizance order dated 7.10.2017 set aside; further proceedings stayed.

Atar Singh and Another Vs State of U.P. and… — Criminal Trial and Appeal | Allahabad HC (2018)

¶1

Court No. - 17

¶2

Case :- APPLICATION U/S 482 No. - 43136 of 2017

¶3

Applicant :- Atar Singh And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Hemant Kumar Rai Counsel for Opposite Party :- G.A.

¶4

Hon'ble Dinesh Kumar Singh-I,J.

¶5

This Application under Section 482 Cr.P.C. has been moved to quash the charge-sheet dated 22.05.2017 in N.C.R. No. 36 of 2016 under Section 323 and 504 I.P.C., P.S. Patwai District Rampur whereon cognizance order dated 7.10.2017 has been passed by Additional Chief Judicial Magistrate, Rampur and the case is pending before the said court. Further it is prayed that further proceedings in the said case be stayed.

¶6

The N.C.R. version is that the complainant (O.P. No.2) Mahendravati was abused and beaten badly by the accused applicants. On the said N.C.R., the police made investigation and has filed charge-sheet under Section 323 and 504 I.P.C.

¶7

It is contended by the learned counsel for the applicants that in view of the provision under Section 2(d) of Cr.P.C., the said charge-sheet could not have been filed and that the said chargesheet could at the most be treated as a complaint. For the sake of convenience, the provision of Section 2(d) is quoted herein below:

¶8

"(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.

¶9

Explanation.- A report made by a police officer in a case which discloses, after investigation, the commission of a non- 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;"

¶10

It is settled law that there cannot be police investigation in noncognizable case without order of magistrate. The complaint under Section 2 of the Code is the allegation with a view to take cognisance but does not, include police report. Report or complaint of 'petty case charge-sheet' submitted by police officer cannot be considered a report under Section 173 and is only a complaint. There is no doubt that if the offence involved is non-cognizable then there could not be police investigation without the order of competent magistrate and no police officer

¶11

could submit a report as contemplated in Section 173 of the Code. Nor could there be any power of arrest without warrant. The complaint as defined in Section 2(d) of the Code is any oral or written allegation made to a magistrate with a view to his taking action under the Code but does not include a police report. The explanation to the definition indicates that report made by a police officer in a case, which discloses, after investigation, the commission of a non-cognizable offence shall be deemed to be a complaint and the police-officer shall be deemed to be the complainant. The cognisance can be taken on the basis of a complaint of facts which constitute an offence under Section 190(1)(a) of the Code. Therefore, the report of complaint of 'petty case charge-sheet' submitted by a police officer in such cases cannot be considered as police report under Section 173 of the Code.

¶12

In view of the above settled position, in the case at hand, it is apparent that on a complaint made by the O.P. No. 2, the police investigated the case and has found the case proved under Sections 323 and 504 I.P.C. which is borne out by the evidence on record and therefore has submitted the charge-sheet. This charge-sheet will be treated only a complaint not a police report under Section 173 of the Code. This Writ Petition is, accordingly, disposed of with a direction that the court below shall treat this charge-sheet to be compliant and proceed accordingly and the cognisance taken on 7.10.2017 by the court below is set aside.

¶13

Order Date :- 5.1.2018 A. Mandhani

Atar Singh and Another v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Atar Singh and Another v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Ayazuddin Vs State of U.P. and Another

Rustam Ansari and 6 Others Vs State of U.P. and Another

Ashish Kumar Yadav and 2 Others Vs State of U.P. and Another

Ram Kesh Pandey and Another Vs State of U.P. and Another

Tarun Yadav and Another Vs State of U.P. and Another

Priyanka Gupta and 4 Others Vs State of U.P. and Another