Abhay Mahadeo Thipsay, J. - (1.) Heard Shri Rajendra Pratap Singh, learned counsel for the petitioners and the learned Additional Government Advocate.
(2.) The petitioners are the accused in criminal case no.506 of 2016 pending before the Additional Chief Judicial Magistrate, Sultanpur. The allegation against the petitioners is that they have committed an offence punishable under Section 427 of the Indian Penal Code. The petitioners are aggrieved by the order dated 4.2.2014 passed by the Magistrate whereby cognizance of the alleged offence was taken and the petitioners were summoned to appear before the Magistrate. They have, therefore, approached this court by filing the present petition praying that by invoking the inherent powers of this court, the order taking cognizance of the alleged offence be quashed and set aside.
(3.) The argument that is advanced by the learned counsel for the petitioners in support of his contention that the order taking cognizance and summoning the petitioners is bad in law is that 'the police have filed a charge-sheet against the petitioners in respect of an offence punishable under Section 427 of the Indian Penal Code, which is non-cognisable' and, therefore, the summoning order based on that 'charge-sheet' is bad in law. He submits that by virtue of the definition of a 'complaint' as given under Section 2(d) of the Code of Criminal Procedure [the 'Code'], such a report filed by the police shall be deemed to be a complaint and the police officer by whom such report is made, shall be deemed to be the complainant.;