- (1.) R. K. Rastogi, J. This is an application under Section 482, Cr. P. C. to quash the charge-sheet submitted by the police in case crime No. 250 of 2005 under Section 506, I. P. C. police station Kotwali District Shahjahanpur.
(2.) HEARD learned Counsel for the applicant and learned A. G. A. for the State. Since the point involved in this application is a legal point. I am deciding this application at the admission stage after hearing the parties Counsel. The facts relevant for disposal of this application are that on 16-6-2005 Mukesh Kumar Saxena, Inspector, Police Lines, Shahjahanpur lodged a report against the applicant. Santosh Kumar Trivedi, Advocate, under Sections 452 and 506 I. P. C in respect of an incident which had allegedly taken place at his residence in Kotwali compound police station Kotwali. Shahjahanpur. It was registered as crime No. 250/05. In respect of this very incident Santosh Kumar Trivedi, Advocate, also lodged a report against Mukesh Kumar Saxena giving cross-version of that incident under Sections 323, 504 and 506 I. P. C. which was registered as case crime No. 250-A of 2005.
(3.) THE Investigating Officer of case crime No. 250 of 2005 has submitted charge-sheet against the applicant under Section 506 I. P. C. only after investigation on 13-2-07 and on that charge- sheet the Chief Judicial Magistrate has taken cognizance. Aggrieved with that order of taking cognizance, the applicant has filed this application under Section 482 Cr. P. C. before this Court. It is to be seen that the charge-sheet has been submitted under Section 506 I. P. C. only. The offence under Section 506 I. P. C. was originally non-cognizable and bailable, but it was made cognizable and non- bailable vide, the U. P. Government Notification No. 777/viii-94 (2)-87 dated July 31, 1989. However, this notification was held to be illegal and ultra-vires by a Division Bench judgment of this Court in the case of 'virendra Singh and Ors. v. State of U. P. and Ors. ', 2000 (1) JIC 936 (All) : 2002 (45) ACC page 609. So now the legal position is that the offence under Section 506 I. P. C. is bailable and non-cognizable.;