Shashi Kant, J. - (1.) In view of the order proposed to be passed, there is no need to issue notice to opposite party no. 2.
(2.) This application under Section 482 Cr.P.C. has been filed to quash the charge sheet No. Nil/2018, dated 12.11.2018 under Section 323/504 IPC in NCR No. 82/2018, Police Station Kotwali Nagar, district Bahraich pending in teh court of Chief Judicial Magistrate, bahraich including entire proceedings.
(3.) Learned counsel for the applicant contended that in the present case non cognizable report (NCR) under Section 323 & 504 IPC has been lodged in which after investigation with the permission of the Court charge sheet has been filed under the same sections that are 323 & 504 IPC. It is further contended that under the provision of Section 2 (d) of the Code of Criminal Procedure? no charge sheet can be filed in the case and if committal of offences are found during investigation then report filed by the investigating officer should be taken as complaint and investigating officer would be treated as complainant. Section 2 (d) of the Cr.P.C. reads as under: Section 2 (d) of the Code of Criminal Procedure, 1973: (d) "complaint" means any allegation made orally or in writing to a Magistrate, with a view to his taking action under this Code, that some person, whether known or unknown, has committed an offence, but does not include a police report. Explanation.- 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;? It is further contended that by means of impugned order dated 11.01.2019 the Court has taken cognizance on the charge sheet which is wrong, illegal and liable to be quashed.;