Cognizance can be taken on the basis of charge-sheet for non-cognizable offences.

JUDGMENT :

1. Short counter affidavit filed on behalf of the opposite party no.2 is taken on record.

2. Heard Sri Sudhanshu Pandey, learned counsel for the applicants, Sri Dinesh Rai, learned counsel for the opposite party no.2 and Dr. S.B. Maurya, learned AGA-I for the State.

3. By way of present application, applicants made prayer to quash the entire proceedings of R.N. No. 99 of 2021 (State Vs. Arun Kumar Pandey and others) arising out of N.C.R. No. 36 of 2020, under Sections 352, 323, 504 IPC, Police Station Oonj, District Bhadohi pending in the court of Judicial Magistrate-II, Bhadohi at Gyanpur as well as cognizance order dated 06.01.2021.

4. Filtering out unnecessary details, the necessary facts of the case are as :-

(i) On 15.05.2020 opposite party no.2 lodged a NCR against the applicants under Sections 352, 323, 504 IPC at Police Station Oonj, District Bhadohi vide NCR No. 36 of 2020 and on the application moved by opposite party no. 2 under Section 155 (2) Cr.P.C. Magistrate concerned directed to investigate the matter.

(ii) Pursuant to the order passed by Magistrate concerned under Section 155(2) Cr.P.C., investigation of the case was conducted and after investigation charge-sheet has been submitted against the applicants under Section 352, 323, 504 IPC and court below on 06.01.2021 took the cognizance and issued summons to the applicants.

5. Learned counsel for the applicants submitted that as charge-sheet in the present matter was submitted under Sections 352, 323, 504 IPC and all the offences are non-cognizable, therefore, in view of explanation to Section 2(d) Cr.P.C. cognizance order dated 06.01.2021 passed by the court below is bad. He further submitted that as per explanation to Section 2(d) Cr.P.C. if after investigation charge-sheet was submitted in respect to the non-cognizable offences then charge-sheet must be deemed to be a complaint and the police officer, who conducted the investigation shall be deemed to the complainant of the case, therefore, in such matters, proceeding can only be initiated as a complaint case but in the present matter the court did not treat the charge-sheet as a complaint and court below in routine manner took the cognizance on the charge-sheet and issued summons to the applicants, therefore, cognizance order dated 06.01.2021 is illegal.

6. Learned counsel for the applicants further submitted that the entire allegation made against the applicants in the NCR and in the statements of the witnesses are totally false and baseless and in fact applicants neither made any assault nor caused any injury. He further submitted that a dispute in respect of property is pending between the parties and in this regard a civil suit is also pending and only due to this reason opposite party no.2 implicated the applicants in the present matter, therefore, from this angle too charge-sheet filed against the applicants is bad.

7. Per contra, learned AGA and learned counsel for the opposite party no.2 submitted that there is no illegality in the summoning order dated 06.01.2021 as after perusing the entire documents available on record, court below took the cognizance and issued summons to the applicants and even if there is any irregularity in taking the cognizance then it does not vitiate the proceedings pending against the applicants. Learned AGA further submitted that from the perusal of the NCR and statements of witnesses including injured witnesses, the complicity of applicants reveals in the present matter and prima facie offences under Section 352, 323, 504 IPC are made out against them and there is also injury report of the injured on record thus there is no illegality in the charge-sheet submitted against the applicants. He further submitted that defence taken by the applicants cannot be appreciated at this stage.

8. I have heard counsel for the parties and perused the record of the case.

9. From the record, it reflects that on 15.05.2020 opposite party no.2 lodged a NCR under Sections 352, 323, 504 IP