A single-judge bench dismissed an application under Section 482 Cr.P.C. challenging the jurisdiction of a Special Judge. The court held that offences under Section 387 I.P.C. are scheduled offences triable only by a Special Court under the Dacoity Affected Areas Act.
Application under Section 482 Cr.P.C. dismissed.
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Court No. - 22
Case :- APPLICATION U/S 482 No. - 37724 of 2018
Applicant :- Dr. Karan Rajpoot Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ram Raksha Tiwari Counsel for Opposite Party :- G.A.,Pusp Raj Singh
Hon'ble Umesh Chandra Tripathi,J.
Heard counsel for the applicant, learned A.G.A. for the State of U.P. and perused the record.
This application under Section 482 of the Code of Criminal Procedure (in short 'Code') has been filed on behalf of the applicant with the prayer to quash the order dated 14.09.2018 passed by Additional Sessions Judge Court No. 3/ Special Judge (Dacoity Affected Areas) whereby the prayer of applicant to send trial before the Magistrate was rejected.
Learned counsel for the applicant contended that offences under Section 387, 504, 506 I.P.C. are triable by Magistrate. Accordingly, Special Judge (Dacoity Affected Areas) have no jurisdiction to try the offence.
Per contra, learned A.G.A. opposed the prayer and submissions thereof advanced by learned counsel for the applicant and contended that there is no illegality in the impugned order passed by the trial court.
As per the provision of Section 6 of the Dacoity Affected Areas Act, offences prescribed in the schedule of the Act shall be triable only by the Special Court. Offences under Section 387 I.P.C. is scheduled offence.
Accordingly, I find no illegality in the impugned order passed by the trial court.
In view of above, the application under Section 482 Cr.P.C. stands dismissed .
Order Date :- 16.11.2018 VG..
1 issue framed by the court
Whether offences under Section 387 I.P.C. are triable by a Magistrate or exclusively by a Special Court under Section 6 of the Dacoity Affected Areas Act.
3 provisions across 3 enactments
Dr. Karan Rajpoot
State Of U.P.
Another
Umesh Chandra Tripathi
As recorded by the court registry
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