The main legal point established is that offenses falling under specified Acts and Sections are triable by the Special Court designated under Section 22 of the Act 2008.

JUDGMENT :

1. Heard Sri Angrej Nath Shukla, learned counsel for the applicants, Sri Shiv Nath Tilahari, learned AGA-I and Sri Aniruddh Kumar Singh, learned AGA-I for the State.

2. By means of the instant application, prayer has been made to quash the charge sheet and cognizance order dated 30.1.2023 and supplementary charge sheet and cognizance order dated 15.6.2023 passed by the Judicial Magistrate First Gonda as well as entire proceedings of Criminal Case No.11874 of 2023, arising out of Case Crime No./F.I.R. No.0516 of 2022, under Sections 147, 148, 149, 323, 504, 506, 307 I.P.C. & Section 2/3 Prevention of Damage to Public Property Act and Section 3 of Explosive Substance Act, registered at Police Station Kotwali Dehat, District Gonda.

3. Factual matrix of the case is that the incident is said to have taken place on 1.11.2022 at 7.00 AM and the injury was examined on the same date at 11.50 AM, in the police custody and the F.I.R. of the incident was lodged on 2.11.2022 at 1.05 pm. After the F.I.R. was lodged, the police investigated the matter and submitted the charge sheet on 26.1.2023, under Sections 147, 148, 149, 323, 504, 506, 307 of I.P.C. and 2 & 3 of the Prevention of Damage to Public Property Act, thereafter further investigation was done and supplementary charge sheet was filed on 9.6.2023, whereafter the trial court took cognizance of the offence under Section 3 of the Explosives Substances Act 1908 (hereinafter referred to as 'the Act, 1908') along with the other sections and has summoned the accused persons including the present applicants.

4. Contention of the learned counsel for the applicants is that the Act 1908 has been substituted in the Schedule of the National Investigation Act, 2008 (hereinafter referred to as 'the Act 2008') with effect from 02.08.2019 and, therefore, the jurisdiction of the Special Courts as defined under Section 2(1)(h) comes into play. He added that 'Scheduled Offence' has been defined under Section 2 (1) (g) of the Act, 2008, which is quoted hereinunder:-

"2(1)(g). "Scheduled Offence" means an offence specified in the Schedule;"

5. He further submits that as per the provisions of Section 22 of the Act 2008, the State Government may designate one or more courts of sessions, as special courts by way of notification in the Official Gazette. Section 22 of the Act 2008 is reproduced hereinunder:-

"22. Power of State Government to [designate Court of Session as] Special Courts.-(1) The State Government may [designate one or more Courts of Session as] Special Courts for the trial of offences under any or all the enactments specified in the Schedule.

(2) The provisions of this Chapter shall apply to the Special Courts [designated] by the State Government under sub-section (1) and shall have effect subject to the following modifications, namely:-

(i) references to "Central Government" in sections 11 and 15 shall be construed as references to State Government;

(ii) reference to "Agency" in sub-section (1) of section 13 shall be construed as a reference to the "investigation agency of the State Government";

(iii) reference to "Attorney-General for India" in sub-section (3) of section 13 shall be construed as reference to "Advocate-General of the State".

(3) The jurisdiction conferred by this Act on a Special Court shall, until a Special Court is '[designated] by the State Government under sub-section (1) in the case of any offence punishable under this Act, notwithstanding anything contained in the Code, be exercised by the Court of Session of the division in which such offence has been committed and it shall have all the powers and follow the procedure provided under this Chapter.

(4) On and from the date when the Special Court is '[designated] by the State Government the trial of any offence investigated by the State Government under the provisions of this Act, which would have been required to be held before the Special Court, shall stand transferred to that Court on the date on which it is constitut