Honble R.K. Rastogi, J.—This is an application under Section 482, Cr.P.C. for quashing the proceedings of case No. 500 of 2005 (State v. Vinay Kumar) pending in the Court of the Addl. Chief Judicial Magistrate-I, Jaunpur.

2. The facts relevant for disposal of this application are that a first information report was lodged by Dinesh Chandra Tiwari against accused Kashi Nath, Pappu, Vinay Kumar and Pravesh under Sections 323, 504 and 506 I.P.C. on the basis of which case crime No. 41 of 2005 was registered at police station Rampur district Jaunpur. The police after investigation of the case submitted charge-sheet against the accused persons under Sections 323, 504 and 506, I.P.C. and on that charge-sheet Magistrate took cognizance and summoned the accused persons. Aggrieved with that order, present application has been filed.

3. Heard learned Counsel for the applicants and the learned A.G.A. for the State.

4. The learned Counsel for the applicants made only one submission before me. He submitted that offences under Sections 323, 504 and 506, I.P.C. are non-cognizable so in view of the Explanation to Section 2(d) Cr.P.C. this case could not proceed as State case and it was to pro