Disposed

Suresh Kumar and 3 Others v. State of U.P. and Another

Allahabad HC20 Aug 2025A482/894/2025

Case brief

AI extract

What is this about?

Court quashed cognizance and summoning order on a charge-sheet involving only non-cognizable offences (323, 504 IPC), holding the police report should be treated as a complaint; directed the Magistrate to take cognizance afresh via Chapter XV procedure if desired.

What did the court decide?

Order taking cognizance set aside; proceedings may continue only if Magistrate takes cognizance afresh as a complaint case under Chapter XV Cr.P.C.

Suresh Kumar and 3 Others Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:143916

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Court No. - 72

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Case :- APPLICATION U/S 482 No. - 894 of 2025

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Applicant :- Suresh Kumar And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Dhirendra Kumar Srivastava,Shaym Dhar Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Heard Sri Jai Raj, learned counsel for the applicants and learned A.G.A. for the State.

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The present 482 Cr.P.C. application has been filed to quash the charge-sheet dated 18.09.2022, cognizance and summoning order dated 21.04.2023 as well as entire proceedings of Criminal Case No.397 of 2023, arising out of N.C.R.No.58 of 2022, under Sections-323, 504 I.P.C., Police Station-Utraon, District-Prayagraj.

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Learned counsel for the applicants has submitted that charged section is noncognizable 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:-

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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 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.

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The argument of learned counsel for the applicants 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:-

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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 Cr.P.C. is finally disposed of.

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Order Date :- 21.8.2025 SKD

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Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad

Suresh Kumar and 3 Others v. State of U.P. and Another

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Suresh Kumar and 3 Others v. State of U.P. and Another

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