Offence Punishable U/S 506 IPC If Committed In Uttar Pradesh Is A Cognizable Offence: Allahabad High Court

To hold thus, a Bench of Justice Subhash Vidyarthi referred to a notification published in the U.P. Gazette dated 31st July 1989, notifying the declaration made by the then Governor of UP that any offence punishable under Section 506 of the IPC when committed in Uttar Pradesh, shall be cognizable and non-bailable.

The Court also noted that the said notification had been upheld by a Full Bench of the Allahabad High Court in Meta Sewak Upadhyay versus State of U.P., 1995 CJ (All) 1158 and this decision was also approved by the Supreme Court in Aires Rodrigues versus Vishwajeet P. Rane (2017).

The case in brief

Applicant Brij Mohan moved a plea under Section 482 CrPC challenging the validity of a charge sheet filed against him under Sections 323, 504, 506 IPC and the cognizance taking passed by the Additional Chief Judicial Magistrate, Raebareli.

It was contended that all the offences are non-cognizable and, therefore, neither an F.I.R could be lodged regarding the offence under Section 323, 504, 506 nor could a charge sheet have been submitted nor could the court have taken cognizance of the offence.

It was further argued that in the instant case, only a complaint could have been entertained by the Court as it involves non-cognizable offences.

It may be noted that this argument was made by the applicant in consonance with Section 2 (d) of Cr.P.C, which states that 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.

Court's observations

The Court observed that the offence under Section 323, 504 IPC are undisputedly non-cognizable offence and though the first Schedule appended to the CrPC mentions the offence under Section 506 is also a non-cognizable offence, however, vide a 1989 notification, the Uttar Pradesh Government has made the said offence a cognizable one.

The Court further noted that section 10 of the Criminal Law Amendment Act, 1932 authorises the State Government to make certain non-cognizable offences, cognizable and non-bailable, by issuing a notification.

Here it may be noted that as per Section 155 (4) of CrPC, where a case relates to two or more offences of which at least one is cognizable, the case shall be deemed to be a cognizable case, notwithstanding that the other offences are non-cognizable.

In view of this, finding no illegality in the charge sheet under Sections 323, 504, 506 IPC and the order passed by the Additional Chief Judicial Magistrate Raebareli taking cognizance of the aforesaid offences.

Case title – Brij Mohan vs. State Of U.P. Thru. Prin. Secy. Home Lko. And Another 2024 LiveLaw (AB) 26

Case Citation: 2024 LiveLaw (AB) 26

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