Shiv Charan - (1.) THIS application under Section 482, Cr. P.C. has been moved for quashing the proceedings of Criminal Case No. 1892 of 2007, State v. Chandra Pal and others, under Sections 323 and 504, I.P.C., Police Station Jawan District Aligarh pending in the Court of Additional Chief Judicial Magistrate, Court No. 1, Aligarh.
(2.) THE perusal of the record shows that complainant Mohan Singh lodged an F.I.R. to the police station and then F.I.R. was registered by the police for the offences under Sections 147, 148, 149, 323, 504 and 506, I.P.C. During investigation, the Investigating Officer arrived at the conclusion that no offence is made out for other offences except Sections 323 and 504, I.P.C. and hence charge-sheet was submitted for these offences and the Court took the cognizance for the offences and ordered for issuance of notice. The main argument of learned counsel for the applicants is that in view of Section 2 (d) of the Code of Criminal Procedure if a charge-sheet is submitted against non-cognizable offence, then it must be treated as complaint case and the procedure as provided for complaint must be adopted. He has placed reliance on a judgment of this Court in Awadhesh Kumar and others v. State of U. P. and another, 2008 (2) ADJ 253 : 2008 (1) ACR 644. Learned counsel for the applicants argued that as the learned Magistrate after receipt of the charge-sheet took the cognizance and treated the charge-sheet as police challani case and hence illegality has been committed. Learned A.G.A. opposed the argument of learned counsel for the applicants and stated that it has not been alleged in the order that whether the charge-sheet filed was treated as a complaint case or police challani case. He further argued that no prejudice has been caused to the applicants by the impugned order.
(3.) I have considered the facts and circumstances of the case as well as legal position, as argued by learned counsel for the applicant. Section 2 (d) of the Cr. P.C. provides "if a charge-sheet is submitted against non-cognizable offence, then it must be treated as complaint and further it has been provided in Explanation that "A report made by a 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.";