Allowed

Hemanat Kumar Singh v. State of U.P. and Another

Allahabad HC14 Jan 2020A482/568/2020

Case brief

AI extract

What is this about?

Allowed quashing application holding that taking cognizance of a charge-sheet for non-cognizable offences as a State Case is impermissible. Directed that the case be treated as a complaint case following the procedure for complaint hearings before summoning the applicant.

What did the court decide?

Case to be treated as a complaint case; procedure for hearing of complaint to be followed before summoning applicant.

Hemanat Kumar Singh Vs State of U.P. and Another — Criminal Trial and Appeal | Allahabad HC (2020)

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Court No. - 76

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Case :- APPLICATION U/S 482 No. - 568 of 2020

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Applicant :- Hemanat Kumar Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rashid Ali Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Manju Rani Chauhan,J.

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Heard Mr. Rashid Ali, learned counsel for the applicant and the learned A.G.A. for the State.

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This application under Section 482 Cr.P.C. has been filed by the applicant with a prayer for quashing the charge-sheet dated 08.09.2017 and cognizance order dated 20.06.2019 submitted in Case No. 652 of 2019, arising out of Case Crime No. 0209 of 2017, under Sections- 323, 504, 506 I.P.C., Police Station - Bhimpura, District- Ballia, which is pending in the Court of Additional Chief Judicial Magistrate I, Ballia.

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Learned counsel for the applicant submits that the offences under Sections 323, 504 and 506 I.P.C. are non-cognizable, hence in view of Explanation to Section 2 (d) Cr.P.C., the case could not proceed as State Case and it had to proceed as a complaint case. He further submits that the concerned Magistrate has erroneously passed an order taking cognizance on the charge-sheet.

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It is clear from the above that all the offences punishable under Sections- 323, 504 and 506 are non-cognizable.

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Explanation to Section 2 (d) Cr.P.C. runs as hereunder:-

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"Explanation.- A report made by a police officer in a case which discloses, after investigation, the commission of a noncognizable 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 said explanation, report of the Police Officer, after investigation, disclosing commission of non-cognizable offence is to be deemed to be a complaint and the Police Officer, who submitted the report has to be deemed to be a complainant. In other words, the charge sheet submitted by the Police in a non-cognizable offence shall be treated to be a complaint and the procedure prescribed for hearing of the complaint case shall be applicable to that case.

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In the present case from the material on record, it transpires that

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the charge sheet submitted by the Investigating Officer instead of being treated as a complaint case, has been taken cognizance of by the concerned Magistrate as a State Case, which is not permissible under law.

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Learned A.G.A. vehemently opposed the submissions made by the learned counsel for the applicant.

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After having considered the submissions made by the learned counsel for the parties and perused the material on record, as well as examined the relevant provisions of the Code of Criminal Procedure, I am of the view that the submissions made by the learned counsel for the applicant have force and are liable to be accepted.

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For the aforesaid reasons, the present case be treated as a complaint case and the procedure prescribed for hearing of the complaint shall be followed by the court concerned before summoning the applicant.

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With the aforesaid observations/directions, this application stands finally allowed.

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Order Date :- 14.1.2020 Priya

Hemanat Kumar Singh v. State of U.P. and Another

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Hemanat Kumar Singh v. State of U.P. and Another

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