JUDGMENT :

1. Heard learned counsel for the applicant and learned A.G.A.appearing for State of U.P.-opposite party no.1 and perused the material placed on record.

2. The instant application under Section 482 has been filed seeking quashing of the impugned charge-sheet dated 04.01.2019 as well as summoning order dated 15.10.2019 in Case No.1216 of 2019 (State vs. Ashish Singh @ Rinku Singh) arising out of Case Crime No. 257 of 2018 under Sections 147, 149, 352, 427, 504 and 506 IPC, P.S. Lohta, District Varanasi, pending before Judicial Magistrate-IV, Varanasi.

3. It is submitted by learned counsel for the applicant that initially F.I.R. has been lodged against two known persons and some unknown persons. Even during investigation their name could not be ascertained and charge-sheet has been submitted only against applicant as another accused who has expired during investigation.

4. The learned counsel for the applicants submitted that the offence under Sections 147, 149, 352, 427, 504 and 506 IPC are non-cognizable hence in view of the explanation to Section 2(d) of Cr.P.C., the case can not proceed as State case but has to proceed as complaint case. He further submitted that the learne