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HIGH COURT OF JUDICATURE AT ALLAHABAD
NAND PRABHA SHUKLA
Sanjay Agarwal – Appellant
Versus
State Of U.P. – Respondent
| Table of Content |
|---|
| 1. application for quashing orders & trial procedure (Para 1 , 2 , 3 , 4 , 5) |
| 2. procedure for scheduled offences under u.p. dacoity act (Para 6 , 7) |
| 3. specific notice of jhansi as dacoity affected area (Para 8 , 9) |
| 4. cognizance and trial mandates for special courts (Para 10 , 11) |
| 5. limitations on special court cognizance (Para 12 , 13 , 14) |
| 6. judicial authority and procedural adherence (Para 15 , 16 , 17) |
| 7. court's decision to annul previous orders and direct fresh trial (Para 18 , 19 , 20) |
JUDGMENT :
NAND PRABHA SHUKLA, J.
1. Heard Sri Atharva Dixit, learned counsel for the applicant, Mr. Sheo Ram Singh, learned counsel for the opposite party Nos. 2 to 4, Sri Ratan Singh, learned A.G.A.-I for the State and perused the record.
2. The present application under Section 528 B.N.S.S. has been filed with the prayer to quash the impugned orders dated 26.06.2024 and 30.05.2025 passed by the learned Special Judge (Dacoity Affected Area), Jhansi in Complaint Case No. 103 of 2023 (Rajeev Agarwal and others Vs. Sanjay Agarwal) under Sections 452 , 323, 504, 506, 392, 406, 420, 120B IPC , Police Station-Kotwali, District-Jhansi, pending in the Court of learned Special Judge (Dacoi
Special Courts must follow specific procedural laws for trying scheduled offences; failure to do so constitutes an abuse of process.
The provisions of S. 200 and S. 202 of the CrPC do not apply in cases falling under the U. P. Dacoity Affected Areas Act, 1973, allowing Special Courts to proceed under S. 7 of the Act.
The Special Court under the Scheduled Castes and Scheduled Tribes Act cannot take direct cognizance of offences under the IPC without prior committal by a Magistrate, aligning with the hierarchy of c....
Procedural irregularities in the trial under the NDPS Act do not invalidate the proceedings unless they result in a failure of justice.
Scheduled offences under the U.A.P.A. Act are exclusively triable by Special Courts set up under the N.I.A. Act, and appeals from their judgments, sentences, or orders are to be heard by the Division....
The Special Court under the SC/ST Act can take cognizance of offences without prior commitment from a Magistrate and amendments have no retrospective effect unless expressly stated.
The Special Court under the SC/ST Act can try IPC offences, and bail applications are maintainable under Cr.P.C. when not charged under SC/ST Act.
The main legal point established is that the bail application under the NIA Act is maintainable under Section 439 of the Cr.P.C. if the case has not been notified to the Central Government as require....
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