Allowed

Sundar Lal and 2 Others v. State of U.P. and Another

Allahabad HC25 Apr 2023A482/11320/2023

Case brief

AI extract

What is this about?

This application under Section 482 Cr.P.C. sought to quash a charge-sheet alleging non-cognizable offences. Relying on prior precedent regarding Explanation 2(d), the Court treated the charge-sheet as a complaint and set aside the impugned order taking cognizance, allowing the Magistrate to proceed via Chapter XV.

What did the court decide?

Order taking cognizance is set aside. Magistrate may proceed as a complaint case under Chapter XV Cr.P.C.

Sundar Lal and 2 Others Vs State of U.P… — Civil Procedure and Limitation | Allahabad HC (2023)

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Court No. - 65

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Case :- APPLICATION U/S 482 No. - 11320 of 2023

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Applicant :- Sundar Lal And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arvind Nath Agrawal,Agresh Agrawal 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 with the prayer to quash the Final Report/Charge-Sheet dated 12.01.2021/ 23.01.2021 and entire proceedings of Case Crime No. 09 of 2021 (Sunder Lal and Others Vs. State of U.P. and Others), under Sections 323, 504 IPC, Police Station Uldan, District Jhansi, pending in the court of Judicial Magistrate, Mauranipur, Jhansi.

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

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founded and the order taking cognizance is set aside. Now the Magistrate may pass an order taking cognizance, if he so chooses, by proceeding in this matter as a complaint case under Chapter XV of the 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;" With these observations, this application under Section 482 CrPC is disposed off.

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Order Date :- 25.4.2023 Nadim

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Digitally signed by :- NADIM ALAM High Court of Judicature at Allahabad

Sundar Lal and 2 Others v. State of U.P. and Another

Case brief

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Sundar Lal and 2 Others v. State of U.P. and Another

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