SANTOSH KUMAR SAXENA Vs. STATE

JUDGEMENT

(1.) Heard Sri Pranshu Agrawal, learned counsel for the petitioner as well as Sri Mahendra Pratap Singh Tomar, learned A.G.A. for the State and perused the record.

(2.) The police has after investigation submitted a charge-sheet under Section 504 I.P.C. which is non-cognizable. The procedure has been prescribed under Section 2(d) explanation of Cr.P.C. which is as under:-

(3.) Learned counsel prayed that in view of the explanation of Section 2(d) of Cr.P.C., the Magistrate ought to have registered a complaint case and summoned the station officer and then proceed as a complaint case. In support of his argument, learned counsel for the petitioner cited a judgment of learned Single Judge of this Court in Ghanshyam Dubey @ Litile & Ors. vs. State of U.P. & Another,2013 2 JIC 830]. In para 5 of the said judgment, the learned Single Judge has held as under: