Remanded

Majeed and 3 Others v. State of U.P. and Another

Allahabad HC5 Aug 2022A482/17487/2022

Case brief

AI extract

What is this about?

This single-judge application under Section 482 Cr.P.C. sought quashing of proceedings arising from a non-cognizable case where cognizance was taken on a charge sheet. The court set aside the cognizance order and remitted the matter for a fresh decision.

What did the court decide?

The cognizance order dated 22.1.2021 is set aside and the matter is remitted to the Court below to pass a fresh order within two months.

Majeed and 3 Others Vs State of U.P. and… — Civil Procedure and Limitation | Allahabad HC (2022)

¶1

Court No. - 83

¶2

Case :- APPLICATION U/S 482 No. - 17487 of 2022

¶3

Applicant :- Majeed And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shailendra Kumar Ojha,Ashutosh Mishra Counsel for Opposite Party :- G.A.

¶4

Hon'ble Gautam Chowdhary,J.

¶5

Heard learned counsel for the applicants and learned A.G.A. for the State.

¶6

The present 482 Cr.P.C. application has been filed praying for quashing of charge sheet dated 30.6.2015 as well as entire criminal proceeding of the Criminal Case No. 52359 of 2021 (State Vs. Abdul Majeed and others) pending arising out of N.C.R. No. 160 of 2013, under section 323, 504 IPC, P.S. Kotwali Akbarpur, District Kanpur Dehat pending in the court of C.J.M. Kanpur Dehat.

¶7

Learned counsel for the applicants submits that the present prosecution has arisen out of NCR. It is stated that the offence as alleged are noncognizable and therefore neither the charge sheet could have been submitted by the Investigating Officer nor the learned Magistrate could have taken cognizance in view of the explanation under Section 2(d) of Cr.P.C.

¶8

It is further stated that the only course open to the learned Magistrate was to have treated the case as a complaint case and to have proceeded with, in accordance with law accordingly.

¶9

Reliance has been placed on the decision of this Court dated 15.05.2018 passed in Application U/S 482 No. 5917 of 2006 wherein this Court has taken view that neither the charge sheet could have been submitted by the Investigating Officer nor the learned Magistrate could have taken cognizance on the same, treating it as a State case.

¶10

Learned AGA on the other hand submits that while the learned Magistrate may not have taken cognizance on the charge sheet treating it to be a State case. However, it was open to the learned Magistrate to follow the complaint case procedure.

¶11

Considering the above, no useful purpose would be in keeping the present application pending any further. The cognizance order dated 22.1.2021 passed by learned Court below is set aside and the matter is remitted to the concerned Court below to pass a fresh order, strictly in accordance with law, keeping in mind the observations made above.

¶12

The aforesaid exercise may be concluded as expeditiously as possible, preferably within a period of two months from the date of production of a certified copy of this order.

¶13

With the aforesaid observations, the present application is disposed of .

¶14

Order Date :- 5.8.2022/RPD

¶15

Digitally signed by RATAN PRAKASH DWIVEDI Date: 2022.08.06 15:21:31 IST Reason: Location: High Court of Judicature at Allahabad

Majeed and 3 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Majeed and 3 Others 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

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Deepak Arora and 4 Others Vs State of U.P. and Another

Kartara Singh Vs Vijai Pal and Others

Manjit Kushwaha Vs State of U.P. and Another

Sanjeev Krishna Shukla Vs State of U.P. and Another

Sarika Singh Vs State of U.P. and Another

Rajeev Mishra and 2 Others Vs State of U.P. and Another