Court No. - 80
Case :- APPLICATION U/S 482 No. - 8930 of 2021 Applicant :- Lokesh And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manoj Kumar Rai Counsel for Opposite Party :- G.A.,Vinay Kumar Singh
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicants, learned AGA for the State, Shri Vinay Kumar Singh, learned counsel for the opposite party no.2 and perused the record.
Learned counsel for the applicants has submitted that in the instant case, apart from Sections 323, 504, 506 IPC, the applicants have also been summoned under Sections 3(1)(s) of SC/ST Act and therefore, the cognizance in the present case should have been taken by the competent court i.e. Additional Sessions Judge, Court No. 2, Shamli, however, the said cognizance has illegally been taken by Additional Sessions Judge (POCSO Act) and therefore, the order taking cognizance is bad in the eyes of law.
Learned AGA as well as learned counsel for the opposite party no.2 could not dispute this fact.
Having considered rival submissions made by learned counsel for the parties and taking into consideration the fact that as per Government Notification dated 29.04.2019, the competent court to take cognizance in the present case is Additional Sessions Judge, Court No.2, Shamli and not Additional Sessions Judge (POCSO Act), as such, the impugned order taking cognizance and summoning order dated 22.02.2021 is set aside with the direction to the court below that the cognizance in the present case be taken by the competent court within one month from today.
With this direction, this application under Section 482 CrPC is finally disposed of.
Order Date :- 12.8.2021 Nadim