Surendra Singh, J. - (1.) THE applicants, by way of filing this application under section 482 Cr.P.C., have sought to quash the charge sheet dated 4.8.2012 as well as entire proceedings in Criminal Case No. 1749 of 2012, (State of U.P. Versus Bhajan Lal and another) arising out of N.C.R. No. 11 of 2012 under Sections 323, 504 IPC of Police Station Nagfani, District Moradabad. Briefly put, the facts of the case may be summarized as follows. The N.C.R. was lodged by the respondent no. 2, Moti Lal Gupta against the applicants under Section 323 and 504 I.P.C. vide criminal case no. 11 of 2012 at Police Station Nagfani, District Moradabad pertaining to an incident alleged to have taken place on 14.3.2012.
(2.) THE police after investigating of the case submitted the charge sheet against the accused -applicant under Sections 323, 504 I.P.C. and on that charge sheet the concerned magistrate took cognizance of an offence and summoned the applicants. Aggrieved by that order the present application has been filed. Heard learned counsel for the applicants and learned A.G.A. and perused the material placed on record.
(3.) THE contention of the learned counsel for the applicants is that the offence under Sections 323 and 504 I.P.C. being non -cognizable, the police lacks jurisdiction to file charge sheet and, therefore, the charge sheet so laid being nonest in the eye of law, should be quashed.;