ANURAG YADAV AND ORS. Vs. STATE OF U.P. AND ORS.
LAWS(ALL)-2020-2-418
HIGH COURT OF ALLAHABAD
Decided on February 10,2020

Anurag Yadav And Ors. Appellant
VERSUS
State of U.P. and Ors. Respondents

JUDGEMENT

- (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 chargesheet dated 25.01.2019 and the entire proceedings of Case No.2169 of 2019, arising out of NCR No. 0140 of 2018, under Sections 323 and 504 I.P.C., P.S. Sipri Bazaar, district-Jhansi, pending in the court of A.C.J.M, Jhansi.
(3.) Learned counsel for the applicants submitted that the applicants have been falsely implicated in NCR No.0140 of 2018, under Sections 323 and 504 I.P.C., P.S. Sipri Bazar, District Jhansi, in which upon investigation charge-sheet has been submitted under Sections 323 and 504 I.P.C. and both the offences are bailable and non-cognizable as per 1st Schedule of Cr.P.C. and accordingly, the provisions of Explanation to Section 2(d) of Cr.P.C., the charge-sheet6 filed before the Magistrate is to be treated as complainant and so the order of Magistrate taking cognizance dated 25.01.2019 is liable to be quashed.;


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