Vikram Nath, J. - (1.) Heard learned counsel for the applicants and learned AGA for the State.
(2.) The O.P. No.2 made a written complaint which was registered as NCR No.54/11, under Section 323/504 IPC, P.S. Newdhia, District Jaunpur. The Investigating Officer requested for investigation which was granted by the Magistrate concerned and after due investigation charge sheet has been submitted. The Magistrate by order dated 5.8.2011 has taken cognizance and has also directed for registering the case.
(3.) The submission advanced is that the cognizance ought to have been taken under Section 190 (1) (a) Cr.P.C. whereas the Magistrate has taken cognizance under Section 190 (1) (b) Cr.P.C. Reference has been made to Section 2 (d) Cr.P.C. which provides that in a case of NCR if a charge sheet is submitted then the same is to be treated as complaint case and the Investigating Officer would be the complainant in such a case.;