AJAI KUMAR AGARWAL Vs. STATE OF U P

JUDGEMENT

(1.) B. K. Rathi, J. Heard Sri Manish Tiwary, learned Counsel for the petitioner, Sri B. K. Tripathi, learned Counsel for the opposite party No. 2 and the A. G. A. for opposite party No. 1.

(2.) A request has been made in this petition under Section 482, Cr. P. C. to set aside the order dated 7-8- 99 passed by the Special Judge, Azamgarh in Case Crime No. 12 of 1999 initiated on the application of opposite party No. 2.

(3.) THE other contention of the learned Counsel for the petitioner is that the order under Section 156 (3), Cr. P. C. can be passed only by the Magistrate and the Special Judge has no jurisdiction to pass any order. It is contended that the Courts of Special Judges have been con stituted only for the trial of offences under E. C. Act. That the Special Judge cannot exercise the powers of the Magistrate under Section 156 (3), Cr. P. C. and cannol pass any order to register the case. THE learned Counsel for the petitioner has also referred to the Circular Letter No. 5/admn. A-3 dated Allahabad 30-3-99 is sued by the Registrar of this Court. In this letter it has been mentioned that after consideration of the amendment in the Essential Commodities Act by Ordinance of 1998. According to the amendment made by the Ordinance, the new cases instituted after 8-7-98 under Essential Commodities Act shall be cognizable by the Magistrate having jurisdiction of the cases. THErefore, after 8-7-98 the Special Judge cannot take cognizance of the case under Section 190, Cr. P. C. THE order of this case has been passed on 7-8-99 Le. after 8-7-98. THErefore, according 10 this Circular Letter, which has been issued on the basis of amendment by Ordinance 1998 in the E. G. Act, cognizance of offence under Section 190, Cr. P. C. under E. C. Act can be taken by the Magistrate and not by the Special Judge. THE Special Judge, therefore, has no jurisdiction to pass order under Section 156 (3), Cr. P. C. directing the police to register a case and to investigate. THE order is, therefore, fit to be set aside.