RAMESH SINHA,J. - (1.) Heard Sri S.K. Misra, learned counsel for the applicants and Sri Ashish Pandey, learned AGA for the State and perused the record.
(2.) By means of this application filed under Section 482 Cr.P.C., 1973 the applicants have prayed to quash the summoning order dated 21.4.2016, charge sheet dated 3.3.2016 and further proceeding of criminal case No. 469/2016 under section 323 IPC, P.S. Jamaniya, district Ghazipur pending before A.C.J.M. Ghazipur.
(3.) Learned counsel for the applicants submits that the offences under section 323, 504 I.P.C. are non cognisable offences, therefore, the charge sheet filed by the Investigating Officer cannot proceed as a police case and the same is liable to be proceeded with as a complaint case. He placed reliance on Murli and others v. State of U.P. and another, 2008 (61) ACC 54 , Virendra Singh and others v. State of U.P. and others, 2002 (45) ACC 609 and Shakila Bano and others v. State of U.P. and another, 2008 (61) ACC 636 .;