Heard the learned counsel for the applicant and the learned A.G.A.
From the perusal of the record it appears that in the present case the proceedings of case crime no. 375 of 2009 under section 366 I.P.C. and section 3(2)(5) of S.C./S.T. Act and summoning order dated 28.8.2009 passed by the Additional C.J.M., Court No.5 Etawah, it was challenged before this court by way of filing the criminal misc. application under section 482 Cr.P.C. being numbered 15918 of 2011 the same was disposed of with a direction that in case the applicant moves a discharge application within 30 days from today before the court concerned through his counsel, the same shall be heard and disposed of under the provisions of law, till the disposal of that application the applicant shall not be arrested.
This order was passed on 17.5.2011, in pursuance of the order dated 17.5.2011 the applicant moved a discharge application before the court of learned A.C.J.M. IInd Etawah, the same was rejected by the learned magistrate concerned on the ground of jurisdiction because the offence was triable by the court of session vide order dated 5.11.2011. The order dated 5.11.2011 has been challenged by way of filing the present application under section 482 Cr.P.C.
From the perusal of the order dated 5.11.2011, it appears that the learned magistrate concerned has not committed any error in rejecting the discharge application on the ground of jurisdiction. There is no illegality in the impugned order dated 5.11.2011, therefore, the prayer for quashing the same is refused.
However, considering the nature of the allegation it is directed that the applicant shall not be arrested till the framing of the charge, but he shall appear before the court concerned through his counsel, on the day of the committal, the applicant shall appear in person before the court concerned, but he shall not be taken into custody. In case, the applicant moves any discharge application after committal before the court court concerned or at the time of framing of the charge he may file an objection, the same shall be heard and disposed of in accordance with law.
In default of the above, this interim order shall be deemed to have been vacated.
With this direction this application is finally disposed of.
Order Date :- 24.2.2012 N.A.