Babulle @ Rajpal Gaur v. State of U.P. and Another

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 39450 of 2026

Babulle @ Rajpal Gaur

.....Applicant(s)

Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Amit Kumar, Yogesh Kumar Vaish Counsel for Opposite Party(s) : G.A.

Court No. - 79

HON'BLE SAURABH SRIVASTAVA, J.

1. Heard learned counsel for the applicants and learned AGA for the State.

1. The present application has been preferred for seeking quashing of chargesheet dated 13.08.2017 and cognizance/summoning order dated 16.12.2017 along with entire proceedings of Case No.3248 of 2017 (State Vs. Niranjan Gaur and another), arising out of N.C.R. No.34 of 2017, under Section 323, 504 IPC, P.S. Walter Ganj, District Basti, pending in the court of learned Gram Nyayalaya, Bhanpur, District Basti.

1. Learned counsel for applicants has made only one submission before the Court that offences under Sections 323 and 504 I.P.C. are noncognizable and in view of the explanation to Section 2(d) Cr.P.C., the chargesheet filed by the Investigating Officer concerned cannot proceed as a police case and the same is liable to be proceeded with as a complaint case. In support of his submission, learned counsel of applicants has placed reliance upon the judgment passed in the case of Shakila Bano and others Vs. State of U.P. and another, 2008 (61) ACC 636 .