This court considered an application to quash a cognizance order passed in a non-cognizable offence treated as a complaint. The court held the order was flawed procedurally and issued notice before staying proceedings.
Notice issued to the complainant and further proceedings stayed until the next date of listing.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 88
Case :- APPLICATION U/S 482 No. - 21960 of 2021
Applicant :- Anara Devi And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pradeep Yadav Counsel for Opposite Party :- G.A.
Hon'ble Mohd. Aslam,J.
Heard learned counsel for the applicants as well as learned A.G.A. for the State.
The instant application under Section 482 Cr.P.C. has been moved by the applicants with the prayer to quash the cognizance/summoning order dated 19.02.2020 passed by the learned Chief Judicial Magistrate-Azamgarh as well as the entire proceeding of Criminal Case No.2077 of 2020 (State v. Anara Devi & Anr.) (arising out of N.C.R. No.52 of 2019, under Sections 323, 504 IPC, Police Station-Phoolpur, DistrictAzamgarh. By means of the instant application, the applicants have also prayed to stay the further proceeding of the aforesaid case.
It is submitted by the learned counsel for the applicants that police after investigation in N.C.R. No.52 of 2019 submitted the charge-sheet. It is further submitted that where the chargesheet discloses non-cognizable offence, it will be treated as a complaint and the learned lower court, in such cases, was bound to follow the proceeding of the complaint case.
Learned A.G.A. for the State could not dispute the above-noted contention of learned counsel for the applicants.
I have gone through the file.
From the perusal of the file, it transpires that police after investigation has submitted the charge-sheet under Sections 323, 504 IPC meaning thereby the charge-sheet has been submitted in a non-cognizable offence.
It is also pertinent to note that learned Chief Judicial Magistrate has passed cognizance/summoning order dated 19.02.2020 without following the procedure of Section 2(d) Cr.P.C.
The relevant Section 2(d) Cr.P.C. reads as follows:-
(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- 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;
Moreover, this Court in Dhanveer & Ors. v. State of U.P. & Anr. reported in 2010 0 Supreme (ALL) 3062 has held that 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 complaint case shall be applicable to that case.
The matter requires consideration.
Issue notice to the opposite party no.2-complainant returnable within eight weeks.
List on 04.08.2022.
Till the next date of listing, the impugned cognizance/summoning order dated 19.02.2022 is kept in abeyance.
Order Date :- 4.4.2022 Jyotsana
Digitally signed by JYOTSANA SINGH Date: 2022.05.12 16:21:43 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the impugned cognizance order passed without following Section 2(d) Cr.P.C. procedure can be quashed.
Colour shows how this judgement treated each authority
Dhanveer & Ors. v. State of U.P. & Anr.Referred¶16
2010 0 Supreme (ALL) 3062
3 provisions across 2 enactments
Anara Devi And Another
State of U.P.
Mohd. Aslam, J.
Jyotsana Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
