Bala Krishna Narayana, J. - (1.) Heard learned counsel for the applicant and learned A.G.A. for the State.
(2.) The present application under Section 482 Cr.P.C. has been filed for quashing the proceedings of Criminal Case No. 675 of 2011, Case Crime no. 216 of 2010, under Sections 323, 504 I.P.C., P.S. Kaundhiyara, district- Allahabad.
(3.) It is contended by learned counsel for the applicant that charged Sections are bailable Sections 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 Judgement of Hon'ble Apex Court reported in M/s Eicher Tractor Ltd. and others Vs. Harihar Singh and another, 2009 64 AllCriC 296 as well as another reported Judgement of this Court reported in Awdesh Kumar and others Vs. State of U.P. and others,2008 1 JIC 220 (All) in support of his contention.;