Bala Krishna Narayana, J. - (1.) HEARD learned counsel for the applicants and learned A.G.A. and perused the record.
(2.) THIS application under Section 482 Cr.P.C. has been filed by applicants with a prayer for quashing the order dated 3.12.2013 passed by learned Additional Chief Judicial Magistrate, Court no. 3, Moradabad in Criminal Case no. 360 of 2013 (State Vs. Tasabbur & others) arising out of police Charge -sheet dated 28.4.2013 in crime no. 178 of 2012 under section 323, 504 IPC, Police Station Menather, District Moradabad pending in the court of Additional Chief Judicial Magistrate, Court no. 3 Moradabad. Learned counsel for the applicants submitted that on the basis of the F.I.R. lodged by the opposite party no. 2 at P.S. Menather, District Moradabad, NCR No. 178 of 2012, under Section 323, 504 I.P.C. was registered against the applicants. However after completion of investigation charge sheet was submitted by the Investigation Officer under Section 323, 504 I.P.C. whereupon on the basis of which case no. 360 of 2013, under section 323, 504 IPC was registered against the applicants and the learned Magistrate took cognizance of the aforesaid offences against the applicants on 3.12.2013.
(3.) LEARNED counsel for the applicants submitted that the offences under Section 323, 504 I.P.C. are non -cognizable, hence in view of the Explanation to Section 2(d) of the Code of Criminal Procedure, the case could not proceed as State Case and it has to proceed as a complaint case. He further submitted that the learned Magistrate has erroneously registered the charge -sheet as a State case and taken cognizance on 3.12.2013.;