Court No. - 54
Case :- APPLICATION U/S 482 No. - 31444 of 2018 Applicant :- Mannu Mishra Urf Manbodh And 3 Ors Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Vishnu Murti Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicants and learned A.G.A for the State.
The present applicant under Section 482 Cr.P.C. has been filed for quashing the charge sheet dated 22.08.2017 as well as cognizance order dated 24.12.2017 in Criminal Case No. 382 of 2017 P.S-Sarai Akil, District-Kaushambi IPC pending in the court of Additional District and Sessions Judge, Court No. 2, Kaushambi arising out of Case Crime No. 7057 of 2017(State Vs. Mannu Mishra@Manbodh) under Sections 323, 504, 506 IPC and Section 3(1)(dha) and 3(2)(5)ka SC/ST Act.
Learned counsel for the applicant submits that vide order dated 24.12.2017, learned Chief Judicial Magistrate, Kaushambi has taken cognizance in the matter. The next contention is that the above-said order is illegal as the Chief Judicial Magistrate, Kaushambi is not the competent court to take cognizance in the aforesaid Act.
Under such circumstances, the matter is remanded back for fresh consideration for taking cognizance by the competent Authority in accordance with law within 15 days.
The present application is, accordingly, disposed of.
Order Date :- 17.9.2018 Sumit S