Partly allowed

Laxmi @ Savitri Devi v. State of U.P. and Another

Allahabad HC9 Jul 2019A482/24489/2019

Case brief

AI extract

What is this about?

The single judge allowed an application under Section 482 Cr.P.C. to quash the charge sheet and the order taking cognizance. The court held that since the offences were non-cognizable, the cognizance order was set aside and the trial court was directed to proceed as a complaint case.

What did the court decide?

Quashed the order of cognizance dated 28.7.2015. Directed the trial court to proceed as a complaint case.

Laxmi @ Savitri Devi Vs State of… — Constitutional and Fundamental Rights | Allahabad HC (2019)

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Court No. - 65

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Case :- APPLICATION U/S 482 No. - 24489 of 2019

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Applicant :- Laxmi @ Savitri Devi Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Krishna Chandra Pandey,Keshawa Prasad Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Dinesh Kumar Singh-I,J.

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Heard Sri Kirshna Chandra Pandey, learned counsel for the applicant and Sri A.D. Mishra, learned A.G.A. for the State.

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The present application u/s 482 Cr.P.C. has been filed with a prayer to quash the impugned charge sheet dated 15.6.2015 as well as entire proceeding of Case No. 699 of 2015, arising out of N.C.R. No. 01 of 2015, under Sections 504 and 506 IPC, P.S. Mahila Thana, District Sant Kabir Nagar, pending in the court of Civil Judge, (J.D./J.M.), District Sant Kabir Nagar.

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It has been argued by the learned counsel for the applicant that as per N.C.R., the allegations were that accused-applicant had abused, beaten and issued threat to the opposite party no. 2, which would fall in the category of offence under Section 506(1) IPC only, in which after investigation charge sheet had been submitted by police and cognizance has been taken by the Magistrate vide order dated 28.7.2015. He has argued that the said cognizance is against provisions of law as this case would run as a complaint case it being non cognizable offence as per provisions laid down under Section 2(d) of the Cr.P.C. which is as follows:-

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"2.(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.

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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."

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Learned A.G.A. has concurred with the opinion expressed by the learned counsel for the applicant and has not opposed the quashing of the cognizance order, however, he has opposed the quashing of the proceedings.

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This application is being disposed of on merits without issuing notice to the opposite party no. 2, as it does not involve any factual aspect, rather dispute involved is only legal, with a

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direction to the trial court that it shall proceed to decide this case invoking the provisions of complaint case. The cognizance taken by him vide order dated 28.7.2015 is set aside.

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A copy of this order shall be provided by the applicant to the trial court within 10 days, who shall proceed in accordance with law. If the opposite party no. 2 has any grievance with this oder, he may approach this Court.

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Order Date :- 9.7.2019 A.P. Pandey

Laxmi @ Savitri Devi v. State of U.P. and Another

Case brief

What is this about?

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Laxmi @ Savitri Devi v. State of U.P. and Another

Case brief

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What the court decided

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