- (1.) Heard learned counsel for the applicants and learned AGA for the State. This is an application under Section 482 Cr.P.C. for quashing the charge sheet dated 26.3.2016 as well as entire criminal proceedings of case no. 3517 of 2016, State Vs. Bhagwan Singh and another, arising out of N.C.R. No. 225 of 2015, under Sections 323, 504, 506 I.P.C., P.S. Sahawar, District Kasganj, pending in the Court of A.C.J.M., Kasganj.
(2.) The facts relevant for disposal of this application are that on 13.11.2015, the opposite party no. 2 lodged a report against the applicants, which was registered as N.C.R. No. 225 of 2015, under Sections 323, 504, 506 I.P.C., P.S. Sahawar, District Kasganj. After investigation, the I.O. submitted charge sheet against the applicants under Sections 323, 504, 506 I.P.C and the A.C.J.M., Kasganj, took cognizance on the said charge sheet.
(3.) The aforesaid order of taking cognizance has been challenged by the applicants before this Court in the present application under Section 482 Cr.P.C. on the ground that all the offences being non-cognizable and bailable, the case was to be dealt with in accordance with the provisions of section 2(d) of Cr.P.C., which provides that a report made by the police officer in a case which discloses, after investigation, the commission of a non-cognizable offence shall be deemed to be a complaint; and the police officer by whom such report is made shall be deemed to be the complainant. Learned counsel has contended that in view of the above, the charge-sheet submitted by the police in the present case under Sections 323, 504, 506 I.P.C. should not have been treated as a State case and the same ought to have been treated as a complaint and no cognizance could be taken on the police report as there was no sanction for the investigation as is required under section 155(2) of Cr.P.C.;