LAWS(ALL)-1985-2-8

JINENDRA PRATAP SINGH Vs. STATE OF UTTAR PRADESH

Decided On February 07, 1985
JINENDRA PRATAP SINGH Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) By means of this petition, the petitioners have prayed for quashing of a complaint pending against them before the Special Judge (Anti-Dacoity), Jhansi on the ground that he has no jurisdiction to take cognizance of that complaint. The petitioners have also challenged the order dated 19-11-1983 by means of which they have been summoned on that complaint on the same ground i.e. the said order is without jurisdiction. The facts of this case may briefly be stated as under :-

(2.) It is contended that the Special Judge has no jurisdiction to entertain the said complaint against the petitioners because it was filed not before him but before the Magistrate. The Special Court (Anti-Dacoity), Jhansi could take cognizance on this complaint only if it was filed before it. It is not disputed that one of the offences under which the complaint has been filed in a scheduled offence. Therefore, the Special Court could have taken cognizance of the complaint only if it was filed before it as provided in S. 7 of the U. P. Dacoity Affected Areas Ordinance, 1981 (hereinafter referred to as the Ordinance).

(3.) After hearing the counsel for the petitioners, I find myself unable to agree with the above contention. S. 7 of the Ordinance reads as under:-