Allahabad High Court
Shikhar Shukla & Ors. vs State Of U.P. & Anr. on 25 November, 2019
Author: Rajeev Singh
Bench: Rajeev Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 11 Case :- U/S 482/378/407 No. - 8292 of 2019 Applicant :- Shikhar Shukla & Ors. Opposite Party :- State Of U.P. & Anr. Counsel for Applicant :- Vishnu Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J.
Heard learned counsel for the applicants and the learned A.G.A.
The present application has been filed under Section 482 Cr.P.C. for quashing the charge sheet dated 11.11.2014 filed in N.C.R. No. 0141 of 2012, under Sections 323, 504 I.P.C., P.S. Kotwali Nagar, District Bahraich as well as summoning order dated 17.02.2016 passed by Chief Judicial Magistrate, Bahraich in Case No. 1207 of 2016, including its entire proceedings.
Learned counsel for the applicants has submitted that the Chief Judicial Magistrate committed error in taking cognizance under Section 190(b) Cr.P.C. on the basis of charge sheet filed by the Investigating Officer on 11.11.2014. He has further submitted that the Chief Judicial Magistrate, Bahraich had to consider the case as Complaint Case in accordance with the provisions of Section 2(d) of Cr.P.C.
Learned A.G.A. has conceded the aforesaid facts and submitted that court below had to treat the aforesaid case as a Complaint Case, under Section 2(d) of Cr.P.C.
After considering the rivalry arguments and perusal of record, it is found that the court below had committed error by taking cognizance on the police report and he was duty bound to consider the provisions of Section 2(d) of Cr.P.C. and treat the said case as a complaint case.
In view of above, the application is partly allowed in respect of the summoning order 17.02.2016, which is hereby quashed. The matter is remanded back to the court below for passing appropriate order in accordance with the observation made hereinabove within two months from the date of production of a certified copy of this order.
Order Date :- 25.11.2019 VKS