HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 1584 of 2021 Court No. - 29 HON'BLE DR. GAUTAM CHOWDHARY, J. 1. List revised. None appears for the opposite party no.2, despite the fact, name of Sri Rudra Pratap Pal has been shown in the cause list. 2. Heard learned counsel for the applicants and Ms. Divya Gupta, learned A.G.A. for the State. 3. The present 482 Cr.P.C. application has been filed praying quashing of the cognizance-cum-summoning order dated 02.02.2019 passed by learned Chief Judicial Magistrate, Bahraich in Case No. 5858 of 2019 (Stated Vs. Mohd. Akhtar and others) arising out of N.C.R. No. 126 of 2018 under Sections 323, 504 I.P.C., Police Station Kaiserganj, District Bahraich as well as to quash the charge sheet No. Nil filed in the aforesaid case and also to quash the entire proceedings of the aforesaid case. 4. Learned counsel for the applicants submits that the present prosecution has arisen out of NCR. It is stated that the offence as alleged are non- cognizable and therefore neither the charge sheet could have been submitted by the Investigating Officer nor the learned Magistrate could have taken cognizance in view of the explanation under Section 2(d) of Cr.P.C. 5. It is further stated that the only course open to the learned Magistrate was to have treated the case as a complaint case and to have proceeded with, in accordance with law accordingly. 6. Reliance has been placed on the decision of this Court dated 15.05.2018 passed in Application U/S 482 No. 5917 of 2006 wherein this Court has taken view that neither the charge sheet could have been submitted by the Investigating Officer nor the learned Magistrate could have taken cognizance on the same, treating it as a State case. Versus Counsel for Applicant(s) : Abhishek Srivastava Counsel for Opposite Party(s) : G.A., Rudra Pratap Pal Mohd. Akhtar And Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 7. Learned AGA on the other hand submits that while the learned Magistrate may not have taken cognizance on the charge sheet treating it to be a State case. However, it was open to the learned Magistrate to follow the complaint case procedure. 8. Considering the above, no useful purpose would be in keeping the present application pending any further. The cognizance order dated 02.02.2019 passed by the learned Additional Chief Judicial Magistrate, Bahraich is set aside and the matter is remitted to the learned Magistrate to pass a fresh order, strictly in accordance with law, keeping in mind the observations made above. 9.The aforesaid exercise may be concluded as expeditiously as possible, preferably within a period of two months from the date of production of a certified copy of this order. 10. With the aforesaid observations, the present application is disposed of . December 9, 2025 S.Ali A482 No. 1584 of 2021 2 (Dr. Gautam Chowdhary,J.) Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad, Lucknow Bench