NADIRAJA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the applicants, learned AGA and perused the record.

(2.) Present application u/s 482 Crimial P.C. has been filed with the prayer to quash the impugned order dated 06.08.2013 passed by the Judicial Magistrate, Jalaun in case no.952 of 2013 (State of U.P. Vs. Nadiraja), under Sections 452, 354 Penal Code and Sec. 6 of the Protection of Children from Sexual Offences Act, 2012, P.S. Jalaun, District Jalaun.

(3.) Learned counsel for the applicant contends that the applicant has been falsely implicated and upon investigation the Investigating Officer without collecting any material submitted charge sheet against the applicant under Sections 452, 354 Penal Code and Sec. 6 of the Protection of Children from Sexual Offences Act, 2012; that the Investigating Officer ought to have submitted charge sheet before the Special Sessions Judge, Jalaun at Orai; that in view of provisions of Sec. 33 of the POCSO Act, the Judicial Magistrate had no jurisdiction to take cognizance upon the charge sheet; that in view of provisions of POCSO Act the Magistrate had no jurisdiction to subtract/exclude any Sec. of offence mentioned in the charge sheet at the time of taking cognizance so as to create and avail jurisdiction to try the case; that while the charge sheet was submitted under Sections 452, 354 Penal Code and Sec. 6 of the POCSO Act, the Magistrate had no jurisdiction to take cognizance and it was not permissible for him to take cognizance under Sections 452 and 354 IPC after exclusion of Sec. 6 of the POCSO Act because of having no jurisdiction to try offence under Sec. 6 of the POCSO Act; that the provisions of Sec. 33 of the POCSO Act provides that only a Special Court designated under Sec. 28 of the Act may take cognizance of an offence under the Act.