Bala Krishna Narayana, J. - (1.) HEARD learned counsel for the applicants and learned A.G.A. for the State. The present application under Section 482 Cr.P.C. has been filed for quashing the proceedings of Case No. 339 of 2012 (State Vs. Ghan Shyam and others), under Sections 323, 504 I.P.C., P.S. Maharajpur, District Kanpur Nagar, pending in the court of M.M. Court No. 5, Kanpur Nagar.
(2.) IT is contended by learned counsel for the applicants 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 Judgment of Hon'ble Apex Court reported in : 2009(64) ACC 296 M/s. Eicher Tractor Ltd. and others Vs. Harihar Singh and another as well as another reported Judgment of this Court reported in, 2008 (1) JIC 220 (All) Awdesh Kumar and others Vs. State of U.P. and others in support of his contention. Learned A.G.A. has stated that no useful purpose would be served in issuing notice to the opposite party no. 2 as is will only delay the proceedings of the present case.
(3.) THE order taking cognizance has been passed and it is argued that charge sheet has been submitted under the charged sections which are non cognizable offence. Reliance has been place on Explanation to Section 2(d) of Code of Criminal Procedure, which reads as follows: - 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 complaint, and the police officer by whom such report is made shall be deemed to be the complaint.;