Court No. - 14
Case :- APPLICATION U/S 482 No. - 40035 of 2016
Applicant :- Om Prakash Mishra @ Bundela
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- Deepak Kumar Verma,Siya Ram
Verma
Counsel for Opposite Party :- G.A.
Hon'ble Pramod Kumar Srivastava,J.
Charge sheet has been submitted against applicant Om
Prakash Mishra @ Bundela for offences under sections 204,
477 IPC, on the basis of which criminal case no. 3872 of
2015 (State Vs. Om Prakash Mishra) was registered in the
court of CJM, Kaushambi, who has taken cognizance of the
offence and registered said case. Proceedings of said case
has been challenged by applicant-accused.
Learned counsel for the applicant had rightly contended
that the offences of section 204, 477 IPC, for which said
charge sheet has been submitted, are non-cognizable
offence, therefore, in view of provisions of section 2 (d)
Cr.P.C. and its explanation, the procedure to be adopted by
trial court on the basis of said charge sheet would be that
of a complaint case. Learned trial court is accordingly
directed to follow such procedure in aforesaid criminal
case.
In view of the above, this application stands disposed of.
Order Date :- 4.1.2017
SR
Neutral Citation No. - 2017:AHC:1695