Arjun Saini and Another Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Arjun Saini and Another Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application under Section 482 Cr.P.C. finally disposed of: order taking cognizance set aside; Magistrate may take cognizance, if he so chooses, by proceeding as a complaint case under Chapter XV Cr.P.C., keeping Proviso (a) to Section 200 Cr.P.C. in mind.

Issue for consideration

Whether the cognizance and summoning order founded on a charge-sheet relating only to non-cognizable offences (sections 427, 504 I.P.C.) is sustainable, or whether such a charge-sheet must be treated as a complaint and cognizance, if at all, taken by proceeding under Chapter XV of the Code of Criminal Procedure.

Court's answer

Since the charged sections are non-cognizable, the argument of learned counsel for the applicants was accepted and the order taking cognizance was set aside.

Ratio / Principle

The Magistrate may now pass an order taking cognizance, if he so chooses, by proceeding in the matter as a complaint case under Chapter XV of the Code of Criminal Procedure, the charge-sheet of a non-cognizable offence being treated as a complaint in view of Explanation 2(d) as interpreted by the Co-ordinate Bench in Santosh Kumar.

Key takeaways

While proceeding as a complaint case, the Magistrate can also keep in mind Proviso (a) to Section 200 Cr.P.C., under which a written complaint (including one made by a public servant acting in official duties or by a Court) does not require examination of the complainant and the witnesses.obiter¶12

Detailed headnote1 paragraphs

Criminal P.C. — S.482 quashing — charge-sheet dated 15.10.2020 under sections 427, 504 I.P.C. (non-cognizable offences) and cognizance/summoning order dated 30.09.2021 of Chief Judicial Magistrate, Moradabad in Criminal Case No. 29974 of 2021 (case crime no. 1220 of 2020, P.S. Majhola) — Explanation 2(d) Cr.P.C.: police report disclosing a non-cognizable offence deemed a complaint, police officer deemed complainant — following Co-ordinate Bench decision in Santosh Kumar (Application u/s 482 No. 45609 of 2018, decided 31.1.2019) that a charge-sheet of only a non-cognizable offence should be treated as a complaint — cognizance order set aside; Magistrate may take cognizance as a complaint case under Chapter XV Cr.P.C., keeping Proviso (a) to S.200 Cr.P.C. in mind — application disposed of (Deepak Verma, J.; order dated 25.4.2025; Neutral Citation 2025:AHC:63416).

Neutral Citation No. - 2025:AHC:63416

Court No. - 84

Case :- APPLICATION U/S 482 No. - 44747 of 2024

Applicant :- Arjun Saini And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rahul Dev Singh,Sarve Nazir,Zafar Abbas Counsel for Opposite Party :- G.A.

Hon'ble Deepak Verma,J.

Heard learned counsel for the applicants and learned A.G.A. for the State.

The present 482 Cr.P.C. application has been filed to quash the charge-sheet dated 15.10.2020, cognizance and summoning order dated 30.09.2021 passed by Chief Judicial Magistrate, Moradabad in Criminal Case No. 29974 of 2021 (State vs. Arjun Saini and another) arising out of case crime no. 1220 of 2020, under sections 427, 504 I.P.C., Police Station Majhola, District Moradabad, pending in the court of Chief Judicial Magistrate, Moradabad.

Learned counsel for the applicants has submitted 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 the Code of Criminal Procedure. Reliance has been placed to Explanation 2(d) of the Code of Criminal Procedure, which reads as follows:-

"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."

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.

Therefore, on the basis of aforesaid Explanation, which has been interpreted by Co-ordinate Bench of this Court 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 of learned counsel for the applicant is well 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:-

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

(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 Cr.P.C. is finally disposed of.

Order Date :- 25.4.2025 Nitin Verma

Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad