Rajesh Kumar Singh and 2 Others Vs State of U.P. Thru. Prin. Secy. Home Lko. and Another

Neutral Citation No. - 2025:AHC-LKO:10242

Court No. - 18

Case :- APPLICATION U/S 482 No. - 1138 of 2025 Applicant :- Rajesh Kumar Singh And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Subhash Singh,Arpit Chaudhary,Shubham Singh Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Singh,J.

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Heard Mr. Arpit Chaudhary, learned counsel for the applicants, learned AGA for the State of U.P./opposite party no. 1 and perused the record.

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This application under Section 482 Cr.P.C. has been filed by the applicants to quash the charge-sheet dated 12.11.2018, cognizance/summoning order dated 06.09.2023 and proceedings of Criminal Case No. 1905 of 2023 (State Vs. Rajesh Kumar Singh and others) arising out of N.C.R. No. 24 of 2018, under Sections 323, 504, 427 IPC, Police Station Barasagwar, District Unnao pending in the court of Additional Chief Judicial Magistrate/Civil Judge (Senior Division) (FTC), Unnao.

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Learned counsel for the applicants submits that the offences under Sections 323, 504, 427 IPC are non-cognizable, hence in view of Explanation to Section 2(d) Cr.P.C., the case could not proceed as State Case and it had to proceed as a complaint case. He further submits that the concerned Magistrate has erroneously passed an order taking cognizance on the charge-sheet.

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It is clear from the above that all the offences punishable under Sections 323, 504 and 427 IPC are non-cognizable.

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Explanation to Section 2(d) Cr.P.C. runs 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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In view of the said explanation, report of the Police Officer, after investigation, disclosing commission of non-cognizable offence is to be deemed to be a complaint and the Police Officer, who submitted the report has deemed to be a complainant. In other words, 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 the complaint case shall be applicable to that case.

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In the present case from the material on record, it transpires that after submission of the chargesheet by the Investigating Officer, the concerned Magistrate instead of treating it a complaint case has treated it a State case and has taken cognizance, which is not permissible under law.

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Learned A.G.A. does not dispute the aforesaid legal submission advanced on behalf of the applicants.

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Having considered the submissions made by learned counsel for the parties and from perusal of the material on record as well as the Code of Criminal Procedure, I am of the view that the submissions made by the learned counsel for the applicants have force and are liable to be accepted.

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For the aforesaid reasons, impugned cognizance/ summoning order dated 06.09.2023 passed by Additional Chief Judicial Magistrate/ Civil Judge (Senior Division) (FTC), Unnao is quashed. The matter is remanded with a direction to the concerned court below to pass fresh order treating the charge-sheet dated 12.11.2018 as a complaint and the procedure prescribed for hearing of the complaint case shall be followed by the court concerned before summoning the applicants.

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With the aforesaid observations, this application stands disposed of.

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Order Date :- 17.2.2025 Shubham

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Digitally signed by :- SHUBHAM KUMAR AGRAHARI High Court of Judicature at Allahabad, Lucknow Bench

Rajesh Kumar Singh and 2 Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

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Rajesh Kumar Singh and 2 Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

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