Allahabad High Court
Aman Bhola vs State Of U.P. And Another on 20 February, 2020
Author: Rajiv Gupta
Bench: Rajiv Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 75 Case :- APPLICATION U/S 482 No. - 6931 of 2020 Applicant :- Aman Bhola Opposite Party :- State of U.P. and Another Counsel for Applicant :- Alka Pandey Counsel for Opposite Party :- G.A.,Vinay Kumar Tiwari Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant, learned A.G.A. for the State, Shri Vinay Kumar Tiwari, learned counsel for the Opposite Party No.2 and perused the material available on record.
This application under Section 482 Cr.P.C. has been filed by the applicant with the prayer to quash the Charge-Sheet dated 23.05.2019 and entire proceedings of Criminal Case No. 3446 of 2019 (State Vs. Aman Bhola), arising out of NCR No. 08 of 2019, under Section 427 IPC, Police Station Sihani Gate, District Ghaziabad, pending in the Additional Chief Judicial Magistrate, Court No.3, Ghaziabad.
It is contended by learned counsel for the applicant 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 in a Single Judge decision of this Court passed 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, where 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 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 CrPC is partly allowed.
Order Date :- 20.2.2020 Nadim