An offence under Section 506 IPC is cognizable, and therefore, the Trial Court did not err in taking cognizance of the offence on the basis of a charge sheet.

Headnote:
CRIMINAL PROCEDURE CODE - SECTION 482 - QUASHING OF PROCEEDINGS - NON-COGNIZABLE OFFENCE - COGNIZANCE TAKEN ON THE BASIS OF CHARGE SHEET - VALIDITY
Fact of the Case:

The applicants filed an application under Section 482 Cr.P.C. for quashing of entire proceedings of a criminal case, including the charge sheet and cognizance order, on the ground that the Trial Court had wrongly taken cognizance of a charge sheet filed under Section 323, 506 IPC as it is barred by Explanation to Section 2(d) of Cr.P.C. as the offences under both the Sections are non-cognizable and, therefore, it ought to be a complaint case and not a case based on police report.
Finding of the Court:

The court held that the offence under Section 323 IPC is non-cognizable, however, the offence under Section 506 IPC was made cognizable vide U.P. Govt. Notification No. 777/VIII 9-4(2)-87 dated July 31, 1989, published in the U.P. Gazette, Extra, Part-4, Section (kha) dated 2nd August, 1989, which was upheld by Full Bench in Mata Sewak Upadhyay (supra). Therefore, there is no illegality committed by Trial Court in taking cognizance of the offence on the basis of charge sheet.
Issues: Whether the Trial Court erred in taking cognizance of a charge sheet filed under Section 323, 506 IPC as it is barred by Explanation to Section 2(d) of Cr.P.C. as the offences under both the Sections are non-cognizable and, therefore, it ought to be a complaint case and not a case based on police report.
Ratio Decidendi: The court relied on the Full Bench decision in Mata Sewak Upadhyay vs. State of U.P. and others, 1995 AWC 2031, which held that the offence under Section 506 IPC is cognizable.
Final Decision: The application was dismissed.

Court No. - 82

Case :- APPLICATION U/S 482 No. - 29589 of 2021

Applicant :- Ankush Chaudhary And Another

Opposite Party :- State of U.P. and Another

Counsel for Applicant :- Subhash Chandra Pandey

Counsel for Opposite Party :- G.A.

Hon'ble Saurabh Shyam Shamshery,J.

1. The present application under Section 482 Cr.P.C. has been

filed for quashing of entire proceedings of Criminal Case No.

3249 of 2018 (State vs. Ankul and others), arising out of Case

Crime No. 171 of 2018, under Sections 323, 506 IPC, Police

Station Tanda, District Rampur including the charge sheet dated

26.03.2018 and cognizance order dated 02.07.2018.

2. Sri Subhash Chandra Pandey, learned counsel for applicants,

submitted that Trial Court has wrongly taken cognizance of a

charge sheet filed under Section 323, 506 IPC as it is barred by

Explanation to Section 2(d) of Cr.P.C. as the offences under

both the Sections are non cognizable and, therefore, it ought to

be a complaint case and not a case based on police report.

3. Sri L.D. Rajbhar, learned A.G.A. appearing for State, has

opposed the above submission and submits that offence under

Section 323 IPC is non-cognizable, however the offence under

Section 506 IPC is cognizable as held by Full Bench of this

Court in Mata Sewak Upadhyay vs. State of U.P. and others,

1995 AWC 2031 and subsequent decisions in Bhagwan Singh

vs. State of U.P. and others, 2016 (3) ACR 3365 and Praveen

Kumar and another vs. State of U.P. and others, 2011 (2)

ACR 2083.

4. Heard learned counsel for parties and perused the material

available on record.

5. It is not disputed that offence under Section 323 IPC is non-

cognizable, however, the offence under Section 506 IPC was

made cognizable vide U.P. Govt. Notification No. 777/VIII 9-

4(2)-87 dated July 31, 1989, published in the U.P. Gazette,

Extra, Part-4, Section (kha) dated 2nd August, 1989, which was

upheld by Full Bench in Mata Sewak Upadhyay (supra).

6. In view of above, as one the offence is cognizable, therefore,

there is no illegality committed by Trial Court in taking

cognizance of the offence on the basis of charge sheet.

7. The application is accordingly dismissed.

Order Date :- 4.1.2022