Pappu @ Mohammad Tahir Vs State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and Another — Allahabad HC (2025) — LawSathi Research

Pappu @ Mohammad Tahir Vs State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Impugned order dated 01.05.2024 of the Additional Chief Judicial Magistrate-IV, Unnao set aside; District Judge, Unnao directed to place the charge-sheet before the competent designated court under Section 13 of the National Investigation Act forthwith.

Issue for consideration

Whether the Additional Chief Judicial Magistrate-IV, Unnao had jurisdiction to take cognizance of the charge-sheet dated 27.10.2024 in Case Crime No. 126 of 2024 under Sections 3, 4(b), 5 of the Explosive Substance Act, 1908, or whether the competent court is the special court designated under Section 13 of the National Investigation Act.

Court's answer

The competent court to take cognizance of the offences arising out of Case Crime No. 126 of 2024 is the special court designated under Section 13 of the National Investigation Act.

Ratio / Principle

The Learned District Judge, Unnao is directed to ensure that the charge-sheet is placed before the competent designated court under Section 13 of the National Investigation Act forthwith, and that court shall thereafter proceed in accordance with law.

Key takeaways

The impugned order dated 01.05.2024 passed by the Additional Chief Judicial Magistrate-IV, Unnao is liable to be set aside and is set aside.ratio¶¶17

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Ajay Bhanot, J. — Application U/S 528 BNSS No. 1002 of 2025, Pappu @ Mohammad Tahir v. State of U.P., decided August 28, 2025. The applicant challenged the cognizance taken by the Additional Chief Judicial Magistrate-IV, Unnao of a charge-sheet dated 27.10.2024 arising out of Case Crime No. 126 of 2024 under Sections 3, 4(b), 5 of the Explosive Substance Act, 1908, Police Station Sohramau, District Unnao, contending that the Magistrate exceeded his jurisdiction. The Court held that the competent court to take cognizance of these offences is the special court designated under Section 13 of the National Investigation Act. Accordingly, the impugned order dated 01.05.2024 passed by the Additional Chief Judicial Magistrate-IV, Unnao was set aside, the Learned District Judge, Unnao was directed to ensure that the charge-sheet is placed before the competent designated court forthwith, and the designated court was to proceed thereafter in accordance with law. The application under Section 528 BNSS was allowed.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

APPLICATION U/S 528 BNSS No. - 1002 of 2025

Pappu @ Mohammad Tahir

.....Applicant(s)

Versus

State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another

Counsel for Applicant(s) Counsel for Opposite Party(s) o. n noter	: Sanjeev Shukla, Raj Kumar : G.A. .....Opposite Party(s)

Court No. - 15

HON'BLE AJAY BHANOT, J.

Heard Shri Sanjeev Shukla, learned counsel assisted by Shri Rajkumar, learned counsel for the applicant and Shri Vivek Gupta, learned A.G.A. for the State.

It is contended by Shri Sanjeev Shukla, learned counsel assisted by Shri Rajkumar, learned counsel for the applicant that the learned Additional Chief Judicial Magistrate-IV, Unnao exceeded his jurisdiction by taking cognizance of charge-sheet dated 27.10.2024 arising out of Case Crime No.126 of 2024 under Section 3, 4(b), 5 of the Explosive Substance Act, 1908, Police Station-Sohramau, District-Unnao.

The competent court is the special court designated under Section 13 of the National Investigation Act.

The competent designated court to take cognizance of the aforesaid offences under the Section 13 of the National Investigation Act.

Learned District Judge, Unnao is directed to ensure that the charge-sheet is placed before the competent designated court under Section 13 of the National Investigation Act forthwith. The competent designated court shall thereafter proceed in accordance with law.

NA528 No. 1002 of 2025

2

The impugned order dated 01.05.2024 passed by the Additional Chief Judicial Magistrate-IV, Unnao is liable to be set aside and is set aside.

The application under Section 528 BNSS is allowed.

(Ajay Bhanot,J.)

August 28, 2025

Ashish Tripathi

Digitally signed by :- ASHISH NAYAN TRIPATHI High Court of Judicature at Allahabad, Lucknow Bench