MANOJ KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) SHORT point pleaded in challenge to proceedings of Criminal Case No. 3045/2011 (State Vs. Manoj Kumar & Others) arising out of charge sheet no. NIL/2011 dated 05.03.2011 and summoning order dated 29.09.2011, N.C.R. No. 372/2010 under Sections 323, 504, 506 pending before Chief Judicial Magistrate, Pratapgarh, is that although offences are not cognizable, yet Magistrate has taken cognizance of the charge sheet filed in the case as if Section 506 I.P.C. is cognizable offence. It has been pleaded on behalf of the petitioner that Section invoked against the petitioner is non-cognizable and, therefore, cognizable should not have been taken.

(2.) SRI Rajendra Kumar Dwivedi, learned counsel for the State has pointed out that a Full Bench of this Court has considered this issue in the case of Mata Sevak Upadhyaya Vs. State of U.P. and others, 1995, JIC, 1168 (FB), Allahabad, and has held that notification declaring provisions of 506 of Indian Penal Code as cognizable offence is not violative of Article 14 of the Constitution of India.

(3.) LEARNED counsel appearing for the petitioner has not been able to draw attention of this Court towards any judgment contrary to Full Bench decision.