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  • provisions of section 2 (d) Cr.P.C.
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  • provisions of section 2 (d) Cr.P.C.
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    Om Prakash Mishra @ Bundela v. State Of U.P. And Another

    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

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    Om Prakash Mishra @ Bundela v. State Of U.P. And Another
    (Jan 4, 2017)