Quashed

Smt Shashi and 2 Others v. State of U.P. and Another

Allahabad HC4 Nov 2024A482/17670/2024

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C., the High Court quashed a magistrates order taking cognizance of alleged IPC offences based on a police report, remanding the matter for a fresh order applying the judicial mind.

What did the court decide?

The impugned order dated 3.6.2023 passed by A.C.J.M., Agra, is quashed and the matter is remanded back to the concerned court.

Smt Shashi and 2 Others vs State of U.P. and… — Criminal Trial and Appeal | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:172289

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Court No. - 77

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Case :- APPLICATION U/S 482 No. - 17670 of 2024

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Applicant :- Smt Shashi And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rabindra Bahadur Singh Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Pachori,J.

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The present application u/s 482 Cr.P.C. has been filed with prayer to quash the order dated 3.6.2023 passed by Additional Chief Judicial Magistrate, Court No. 1, Agra, in Criminal Case No. 20111 of 2023, arising out of Case Crime No. 184 of 2022, whereby learned magistrate took cognizance under Sections 323, 504 of I.P.C. on the basis of police report.

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Learned counsel for the applicants submits that the offence punishable under Sections 323, 504 of I.P.C. are non-cognizable offence as per provision of Section 2(d) of Cr.P.C. the case could not be a State case and it has been proceeded as a State case, the cognizance/ summoning order is an abuse of the process of law.

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Section 2(d) of Cr.P.C. is reproduced herein below:

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(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.

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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 complainant, and the police officer by whom such report is made shall be deemed to be the complainant;

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A bare perusal of explanation added to Section 2(d) shows that this explanation speaks about cases where police has investigated a cognizable case but investigation made discloses a non-cognizable offence.

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In view of what has been stated above, the present application is disposed of . The order impugned dated 3.6.2023 passed by A.C.J.M., Agra, Court No. 1, is, hereby, quashed. The matter is remanded back to the Court concerned and the Magistrate is directed to pass a fresh order after applying the judicial mind.

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Order Date :- 4.11.2024/A.P. Pandey

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2 of 2

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Digitally signed by :- ANAND PRAKASH PANDEY High Court of Judicature at Allahabad

Smt Shashi and 2 Others v. State of U.P. and Another

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Smt Shashi and 2 Others v. State of U.P. and Another

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