BALA KRISHNA NARAYANA,J. - (1.) HEARD learned counsel for the applicants and learned A. G. A. and perused the record.
(2.) THIS application under Section 482 Cr. P. C. has been filed by applicants with a prayer for quashing the charge sheet dated 08.09.2009 submitted in N. C. R. No. 145 of 2009, under Sections 323, 504 and 506 I. P. C. and the entire proceedings of Criminal Case No. 4799 of 2009 (State vs. Raheesuddin @ Kalwa and others), registered against the applicants pursuant to the submission of the aforementioned charge-sheet. Learned counsel for the applicants submitted that the opposite party no. 2 filed a non-cognizable report on 25.08.2009 at P. S.-Gulawati, District-Bulandshahr, against the applicants on the basis of which N. C. R. No. 145 of 2009 under Sections-323, 504 and 506 I. P. C. was registered. The opposite party no. 2 moved an application before the Judicial Magistrate, Bulandshahr under Section 155 (2) Cr. P. C. with a prayer that the concerned police station be directed to investigate the matter. Pursuant to the order passed on the aforesaid application the matter was investigated and police submitted a charge-sheet under Sections-323, 504 and 506 I. P. C. in the Court of Judicial Magistrate, Bulandshahr against the applicants whereupon Case No. 4799 of 2009; State Versus Raheesuddin @ Kalwa and others was registered against the applicants.
(3.) LEARNED counsel for the applicants submitted that the offences under Sections 323, 504 and 506 I. P. C. are non-cognizable, hence in view of the Explanation to Section 2 (d) of the Code of Criminal Procedure, the case could not proceed as State Case and it has to proceed as a complaint case. He further submitted that the learned Magistrate has erroneously registered the charge-sheet as a State case and taken cognizance on 30.09.2009.;