Dinesh @ Ganeshi And 2 Others vs State Of U.P. And Another on 2 December, 2020
It is clear that initially vide notification dated 02.08.1984 Government of U.P. has treated the offence under Section 506 I.P.C. as cognizable and non-bailable. The aforesaid promulgation of Government of U.P. was declared illegal by the Court in the case of Virendra Singh (Supra). At present there is no doubt that the offence under Section 506 IPC is non-cognizable and bailable. In light of proposition of law as mentioned above, there is no room to doubt that case filed under Section 506 IPC cannot be proceeded as police case and the learned Magistrate should treat it as a complaint case.