- (1.) Heard Sri Pranshu Agrawal, learned counsel for the petitioner as well as Sri Mahendra Pratap Singh Tomar, learned A.G.A. for the State and perused the record.
(2.) The police has after investigation submitted a charge-sheet under Section 504 I.P.C. which is non-cognizable. The procedure has been prescribed under Section 2(d) explanation of Cr.P.C. which is as under:- "(d) ?complaint? means any allegation made orally or in writing to a Magistrate, with a view to his taking action under this Code, that some person, whether known or unknown, has committed an offence, but does not include a police report. Explanation. A report made by a police officer in a case, which discloses, after investigation, the commission of a non-cognizable offence shall be deemed to be a complaints and the police officer by whom such report is made shall be deemed to be the complainant"
(3.) Learned counsel prayed that in view of the explanation of Section 2(d) of Cr.P.C., the Magistrate ought to have registered a complaint case and summoned the station officer and then proceed as a complaint case. In support of his argument, learned counsel for the petitioner cited a judgment of learned Single Judge of this Court in Ghanshyam Dubey @ Litile & Ors. vs. State of U.P. & Another,2013 2 JIC 830]. In para 5 of the said judgment, the learned Single Judge has held as under: "5. It has been provided in the explanation to section 2(d) of the Criminal Procedure Code that a report made by the police officer in a case which discloses, after investigation, the commission of a non-cognizable offence shall be deemed to be a complaint; and the police officer by whom such report is made shall be deemed to be the complainant, in view of this explanation, the charge-sheet submitted by the police in the above case under Sections 323, 504, 506 I.P.C. could not be treated to be police case, but it would be deemed to be a complaint and the police officer who submitted the charge-sheet is to be deemed to be the complainant. As such, the order passed by the learned Magistrate for taking cognizance on the charge-sheet as a state case is illegal and is liable to be set aside ";