Rajesh Dayal Khare, J. - (1.) HEARD learned Counsel for the applicant and learned A.G.A. for the State.
(2.) THE present petition under Section 482 Cr.P.C. has been filed for quashing the proceeding of Case No. 3245 of 2008, under Section 427 I.P.C., Police Station Sachendi, District Kanpur Nagar, pending before learned Additional Chief Metropolitan Magistrate, VIIth, Kanpur Nagar. It is contended by learned Counsel for the applicant that charged Section is bailable 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. It is further contended that the order impugned has been challenged and reliance has been placed to explanation 2(d) of the Code of Criminal Procedure. It is next contended that no permission was taken under Section 155(2) Cr.P.C. and charge sheet has been submitted in non -cognizable offence. Learned Counsel for the applicants has relied upon a Judgment of Hon'ble Apex Court reported in, LXIV (2009) ACC 296 Eicher Tractor Ltd. and Ors. v. Harihar Singh and Anr. as well as another reported Judgment of this Court reported in, 2008 (1) JIC 220 (All) Awadesh Kumar and Ors. v. State of U.P. and Ors. in support of his contention.
(3.) 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.;