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Dinesh @ Ganeshi And 2 Others vs State Of U.P. And Another on 2 December, 2020 cites

Rakesh Kumar Sharma And Ors. vs State Of U.P. And Anr. on 21 May, 2004

In the case of Rakesh Kumar Sharma vs. State of U.P. & Another reported in 2007 (9) ADJ 478, specifically paragraph nos. 5 & 6, the Coordinate Bench of this Court has considered the matter wherein F.I.R. was lodged under Section 307 IPC but subsequently charge-sheet was submitted under Section 504 IPC and the Court concluded that it should not be proceeded as a police case which is barred under Explanation to Section 2(d) Cr.P.C. The relevant paragraph nos. 5 & 6 of the aforesaid judgment are hereunder :-
Allahabad High Court Cites 91 - Cited by 401 - T Chatterjee - Full Document

Virendra Singh Mast And Anr vs State Of U.P. And Another on 7 December, 2019

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.
Allahabad High Court Cites 5 - Cited by 1 - M R Chauhan - Full Document
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