R.N.RAY
MANGLI PRASAD – Appellant
Versus
ADDITIONAL SESSION JUDGE-IIND – Respondent
( 1 ) THIS revision has been directed against the judgement and order dated 16-8-94 passed by IInd Additional Sessions Judge, Special Judge SC/st (Prevention of Atrocities) Act, 1989 Orai District Jalaun and it has been submitted that though the learned Additional Session Judge at Orai has also been appointed as Special Judge within the meaning of S. 2 (d) of the SC/st (Prevention of Atrocities) Act, but still he cannot invoke his power like a Magistrate to send that complaint petition u/s. 156 (3) Cr. P. C. to the concerned police station for investigation. It has been contended that since he is the Additional Sessions Judge hence he cannot take cognizance of an offence unless committed before him by any Magistrate under the provisions of S. 209 of Cr. P. C. In this particular case, the learned court below passed the impugned order purporting to be in the exercise of powers u/s. 156 (3) of Cr. P. C. , which according to the learned counsel for the applicant, was bad in law as he had no power to do so. In this connection he has referred a decision reported (1994 UP Criminal Rulings, at page 297) Mansha Ram v. State, wherein it was held that cognizance taken by learned
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.