- (1.) Heard Sri V.S. Chaurasia, Advocate holding brief of Sri Panchu Ram Maurya, learned counsel for the applicants and learned A.G.A. for the State.
(2.) The application under Section 482 Cr.P.C. has been moved for quashing the charge-sheet dated 1.7.2014 in pursuance of N.C.R. No.28 of 2014 dated 14.3.2014 (State Vs. Rajkapoor @ Lallu) in Criminal Case No.488 of 2015 (488/IX/2015) under Sections 323, 504, 506 I.P.C., P.S. Saidpur, District Ghazipur as well as cognizance order passed by Judicial Magistrate, Saidpur, dated 29.6.2015.
(3.) Learned counsel for the applicant contends that the offences under Sections 323, 504, 506 I.P.C. are bailable and non-cognizable according to 1st Schedule of Cr.P.C. and according to the provisions of explanation to Section 2(d) of Cr.P.C., the charge-sheet filed before the Magistrate is to be treated as complaint and the order of Magistrate taking cognizance dated 29.6.2015 is liable to be quashed; that the offence under Section 506 I.P.C. was made cognizable vide Notification No.777 dated 31.7.1989 but later on in the case of Virendra Singh Vs. State of U.P. and others, 2002 45 AllCriC 609, a Division Bench of this Court declared above notification, making the offence cognizable and non-bailable, to be illegal and so the offence under Section 506 I.P.C. has to be treated bailable and non-cognizable; that since the Division Bench of this Court has declared the above Notification No.777 dated 31.7.1989 to be illegal, apart from offences under Section 323 & 504 I.P.C., the offence under Section 506 I.P.C. is also non-cognizable and so the provisions of Section 2 (d) of Cr.P.C. are attracted.;