Hon''ble Surendra Singh, J.@mdashThe applicants, by way of filing this application u/s 482 Cr.P.C., have sought to quash the charge sheet dated 4.8.2012 as well as entire proceedings in Criminal Case No. 1749 of 2012, (State of U.P. Versus Bhajan Lal and another) arising out of N.C.R. No. 11 of 2012 under Sections 323, 504 IPC of Police Station Nagfani, District Moradabad. Briefly put, the facts of the case may be summarized as follows. The N.C.R. was lodged by the respondent no. 2, Moti Lal Gupta against the applicants u/s 323 and 504 I.P.C. vide criminal case no. 11 of 2012 at Police Station Nagfani, District Moradabad pertaining to an incident alleged to have taken place on 14.3.2012.
2. The police after investigating of the case submitted the charge sheet against the accused-applicant under Sections 323, 504 I.P.C. and on that charge sheet the concerned magistrate took cognizance of an offence and summoned the applicants. Aggrieved by that order the present application has been filed.
3. Heard learned counsel for the applicants and learned A.G.A. and perused the material placed on record.
4. The contention of the learned counsel for the applicants is that the offence under Sections 323 and 504 I.P.C. being non-cognizable, the police lacks jurisdiction to file charge sheet and, therefore, the charge sheet so laid being nonest in the eye of law, should be quashed.
5. Learned A.G.A. opposed the argument of the learned counsel for the applicants and stated that it has not been alleged in the order whether the charge sheet filed was treated as a complaint case or police challans case. He has further submitted that no prejudice has been caused to the applicants by the impugned order.
6. Coming to the merit of the contentions made by the learned counsel for the applicants, indisputably the aforesaid case cannot continue as one arising out of police report because said report can be filed when the offence is cognizable. Therefore, the question arises whether entire criminal proceedings should be brought to a halt and charge sheet laid is liable to be quashed? Reference may be made Exception 2 (d) of the Code of Criminal Procedure. Explanation to Clause (d) to Section 2 of the Code provides:
Explanation- A report made by a Police Officer in a case which discloses, after investigation, the commission of a non-cognizable offence shall be deemed to be a complaint; and the police officer by whom such report is made shall be deemed to be the complainant.
7. Section 2(d) of the Code encompasses a police report also as a deemed complaint if the matter is investigated by a police officer regarding the case involving commissions of a non-cognizable offence. The police officer (Investigating Officer) who has submitted the charge sheet and he being public servant, statements under Sections 200 and 202 Cr.P.C. are not required to be recorded in view of the proviso (2) to Section 200 Cr.P.C. No doubt, Anneuxre-2 has been termed as a charge sheet but the same should be treated as a report and proceeding should continue as complaint in view of explanation to Section 2 (d) of Code of Criminal Procedure as has been extracted above.
8. With the reasons mentioned above, the charge sheet submitted by the police in the present case under Sections 323 and 504 I.P.C. shall be treated as complaint and it is to be decided as a complaint in accordance with procedure laid down under Chapter XV of the Code of Criminal Procedure. Learned Magistrate fell in legal error by taking cognizance in the said case. In view of the above discussion, the order of the Magistrate is only required to be modified and not to be quashed as a whole. The application u/s 482 Cr.P.C., therefore, is allowed partly treating the charge sheet as a complaint. However, the offence being trivial in nature, the applicants shall be permitted by the court below to appear through their counsel u/s 205 of the Code of Criminal Procedure, after bail is granted to them subject to the terms and conditions imposed by the court below under the facts and circumstances of the case.
