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2025 DAILYLAW 150061 (ALL)

SONU AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

A482/5519/2025 · 2025-07-16

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:40504 Court No. - 15 Case :- APPLICATION U/S 482 No. - 5519 of 2025 Applicant :- Sonu And 3 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Amit Kumar Singh,Prashansa Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Smt. Prashansa Singh, the learned counsel for the applicants, Sri Manish Vikram Singh Chauhan, learned A.G.A. for the State and perused the records. 2. Keeping in view the peculiar facts of the case wherein the matter was instituted by lodging a non-cognizable report in the year 2007 and the trial is yet to commence, while we are presently in the year 2025, issuance of notice to the opposite party no.2 will cause further delay in finalization of proceedings and would defeat the ends of justice, the issuance of notice to the opposite party no.2 is dispensed with and the application is being decided finally after hearing submissions of learned counsel for the applicant and the learned A.G.A. 3. By means of the instant application filed under Section 482 Cr.P.C./Section 528 BNSS, the applicants have challenged the validity of the impugned charge sheet no.NIL of 2007 dated 12.11.2007 filed in furtherance of NCR No.153 of 2007, under Sections 323 and 504 I.P.C. Police Station Raunahi, District Faizabad, summoning order dated 20.12.2007, passed by the learned Chief Judicial Magistrate-III, Faizabad and the entire proceedings of Criminal Case No.4226 of 2013 instituted in furtherance thereof. 4. The submission of the learned counsel for the applicants is that the offences under Sections 323, 504 I.P.C. are non- cognizable offences and the trial of the aforesaid offences can only be conducted as a complaint case and not a State case. 5. The learned A.G.A. does not dispute aforesaid proposition. 6. Accordingly, the application is allowed and the cognizance and summoning order dated 20.12.2007 is hereby set aside. The trial court is directed to register the case afresh as a complaint case and proceed in accordance with law as per the procedure prescribed for deciding the complaint case expeditiously. . [Subhash Vidyarthi, J.] Order Date :- 16.7.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench