Arun Kumar Tiwari and 4 Others Vs State of U.P. and Another

Court No. - 35

Case :- APPLICATION U/S 482 No. - 10038 of 2021

Applicant :- Arun Kumar Tiwari And 4 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Manoj Kumar Maurya,Rajesh Kumar Dubey

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Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Agarwal,J.

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Heard Sri Rajesh Kumar Dubey, learned counsel for the applicants and Sri Janardan Prakash, learned AGA for the State.

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The only ground which has been taken in this Application under Section 482 Cr.P.C. to challenge the cognizance/summoning order dated 11.12.2020 in Criminal Case No.6848 of 2020, under Sections 147, 323, 504, 506, 352, 427, 325, 308 of IPC, Police Station-Bhatani, District-Deoria arising out of Case Crime No.65 of 2020 pending in the Court of Additional Civil Judge (Sr. Division)/F.T.C., Court No.1, Deoria is that, concerned Additional Civil Judge/F.T.C. has no authority to act as a Judicial Magistrate First Class and, therefore was not entitled to take cognizance.

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Sri Janardan Prakash, learned AGA for the State on our instructions has produced Notification issued by the High Court of Judicature at Allahabad, Administrative (A-3) Section bearing No.352 dated 12.08.2002, according to which, in exercise of powers under sub-Section (3) of Section 11 of the Code of Criminal Procedure, 1973 (Act No.02 of 1974), and in supersession of all earlier notification and orders issued for conferment of powers of Judicial Magistrate-I Class on Civil Judges (Sr. Division) and Civil Judge (Junior Division) have been conferred powers of the Judicial Magistrate-1st Class of the State of U.P.

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Thus, in view of this Notification conferring power of Judicial Magistrate-1st Class on all the Civil Judges (Sr. Division) and Civil Judges (Junior Division), nothing survives for adjudication. Therefore, Application fails and is dismissed.

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Order Date :- 30.9.2021 Ashutosh

Arun Kumar Tiwari and 4 Others v. State of U.P. and Another

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Arun Kumar Tiwari and 4 Others v. State of U.P. and Another

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