Partly allowed

Ram Kedar Yadav and 3 Others v. State of U.P. and Another

Allahabad HC19 Dec 2022A482/25366/2022

Case brief

AI extract

What is this about?

This Application under Section 482 CrPC sought to quash proceedings for non-cognizable offences. The Court held that, following Explanation 2(d) CrPC, the charge-sheet is deemed a complaint. Consequently, the order taking cognizance was set aside, allowing the Magistrate to proceed via Chapter XV CrPC as a complaint case.

What did the court decide?

The order taking cognizance dated 08.09.2020 was set aside. The matter was allowed to proceed as a complaint case under Chapter XV CrPC.

Ram Kedar Yadav and 3 Others Vs State of… — Civil Procedure and Limitation | Allahabad HC (2022)

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Court No. - 84

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Case :- APPLICATION U/S 482 No. - 25366 of 2022

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Applicant :- Ram Kedar Yadav And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Saroj Kumar Dubey Counsel for Opposite Party :- G.A.

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Hon'ble Rajiv Gupta,J.

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Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material available on record.

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This application under Section 482 Cr.P.C. has been filed by the applicants with the prayer to quash the ChargeSheet dated 29.03.2019 and cognizance order dated 08.09.2020 as well as entire proceedings of Case No. 254 of 2020 (State Vs. Ram Kedar), arising out NCR No. 55 of 2019, under Sections 323, 504 IPC, Police Station Khutahan, District Jaunpur, pending in the court of Judicial Magistrate, Shahganj, Jaunpur.

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It is contended by learned counsel for the applicants that charged section is non-cognizable section and the learned Magistrate may pass an order taking cognizance, if he so desires, by proceeding under Chapter XV of Code of Criminal Procedure. Reliance has been placed to explanation 2(d) of Code of Criminal Procedure, which reads as follows:-

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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 stated that no useful purpose would be served in issuing notice to the opposite party no.2 as it will only delay the proceedings of the present case.

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Therefore, on the basis of aforesaid Explanation, which has been interpreted in a Single Judge decision of this Court passed in Application u/s 482 No. 45609 of 2018 (Santosh Kumar and 2 others vs. State of U.P. and others), decided on 31.1.2019, where it has been held that when the charge-sheet is only of non-cognizable offence, in view of the aforesaid provision, the charge sheet should be treated as a complaint. The argument is well founded and the order taking cognizance is set aside. Now the Magistrate may pass an order taking cognizance,

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if he so chooses, by proceeding in this matter as a complaint case under Chapter XV of Code of Criminal Procedure. He can also keep in mind Proviso (a) to Section 200 Cr.P.C., which reads as follows:-

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"Provided that, when the complaint is made in writing, the Magistrate need not examine the complainant and the witnesses."

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(a) If a public servant acting or purporting to act in discharge of his official duties or a Court has made the complaint;"

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With these observations, this application under Section 482 CrPC is partly allowed.

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Order Date :- 19.12.2022 Nadim

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Digitally signed by NADIM ALAM Date: 2022.12.20 10:05:36 IST Reason: Location: High Court of Judicature at Allahabad

Ram Kedar Yadav and 3 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Ram Kedar Yadav 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

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