Akhtar Husain Khan, J. - (1.) Heard learned counsel for the applicants as well as perused application moved under section 482 Cr.P.C.
(2.) By filing this application under section 482 Cr.P.C. applicants have prayed to quash impugned order dated 10.8.2006 passed by learned Chief Judicial Magistrate, Allahabad in Case Crime No. Nil dated 26.10.2005 (N.C.R. No.186 of 2005) in Criminal Case No.15179 of 2006 (State Vs. Balwant Singh and another), under sections 323, 504 I.P.C., Police Station Nawabganj, District Allahabad pending in the Court of A.C.J.M., Court No.10, Allahabad.
(3.) Learned counsel for applicants contended that N.C.R. No.186 of 2005, under sections 323, 504 I.P.C. has been registered in Police Station Nawabganj in which police has submitted charge sheet after investigation. Learned counsel for applicants contended that in non-cognizable case charge sheet submitted by police after investigation shall be deemed to be complaint under section 2(d) of Cr.P.C. Therefore, cognizance taken by Magistrate is against law.;