Court No. - 15
Case :- APPLICATION U/S 482 No. - 43060 of 2018 Applicant :- Smt. Rekha Devi Opposite Party :- State Of U.P. And 4 Ors Counsel for Applicant :- Rajesh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the applicant and learned counsel for the opposite parties.
This application has been filed to quash the order dated 18.9.2018 passed by learned Special Judge Dacoity Affected Area/ 3rd Additional Sessions Judge, Farrukhabad in special sessions trial No. 142 of 2017 (Smt. Rekha vs. Om Saran and others) whereby the complaint of complainant was returned due to lack of jurisdiction.
From the perusal of impugned order, it reveals that the learned Sessions Judge was of the view that the alleged offence is triable by Magistrate. In such circumstances, the matter should be transferred to the appropriate court having jurisdiction to take cognizance.
Accordingly, learned Additional Sessions Judge Court No. 3, Farrukhabad is directed to transfer the case to the Magistrate having jurisdiction to take cognizance within 30 days from the production of a certified copy of this order. The Magistrate shall pass appropriate order without being influenced by the observations made by Sessions Judge.
The application is accordingly disposed of.
Order Date :- 30.11.2018 C. MANI