Bala Krishna Narayana, J. - (1.) HEARD learned counsel for the applicants and learned A. G. A. and perused the record. This application under Section 482 Cr. P. C. has been filed by applicants with a prayer for quashing the charge sheet dated 6.5.2006 submitted in N.C.R. No. 137 of 2005, under Section 323 I. P. C., P.S. Karchhana, District Allahabad and the order dated 7.5.2010 passed by learned A.C.J.M., Court No. 4, Allahabad by which he has summoned the applicant to face trial of the aforesaid offence as well as the entire proceeding of Case No. 2870 of 2006 registered against the applicants pursuant to the submission of the aforementioned charge -sheet.
(2.) LEARNED counsel for the applicants submitted that on the basis of the N.C.R. lodged by the opposite party no. 2 at P.S. Karchhana, District Allahabad as N.C.R. No. 137 of 2005, under Section 323 I.P.C. After completion of investigation charge sheet was submitted by the Investigation Officer under Section 323 I.P.C. whereupon on the basis of which case no. 2870 of 2006 under section 323 was registered against the applicants and the learned Magistrate took cognizance against the applicants on 18.12.2006. Learned counsel for the applicants submitted that the offence under Section 323 I. P. C. is 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 18.12.2006.
(3.) IT is not disputed that the offence under Sections 323 I. P. C. is noncognizable.;