HIGH COURT OF JUDICATURE AT ALLAHABAD
PRAVEEN KUMAR GIRI
Ajay Yadav – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
PRAVEEN KUMAR GIRI, J.
1. Heard Amit Kumar Tiwari, learned counsel for the applicant and Shri Manish Kumar Yadav, learned State Law Officer for the State.
2. Learned counsel for the applicants submits that the present application has been filed under Section 528 BNSS with the relief which has been mentioned in the prayer clause of the application. The prayer clause is delineated below:-
"It is therefore most respectfully prayed that this Hon'ble Court may graciously be pleased to allow this application and quash/set aside the Impugned Cognizance/Summoning order dated 28.05.2025, passed by Special Judge SC/ST Act, Jaunpur as well as to quash/set aside the impugned charge sheet bearing Charge Sheet No. A113/2025 dated 12.04.2025 and also to quash/set aside the entire proceedings of the Special Session Trial No. 207/2025 (State Vs. Akhilesh and others), under section 115(2), 352, 351(2), 117(2) B.N.S. and Section 3(2)(va) SC/ST Act, arising out of case crime no. 74/2025 Police Station- Mungra Badshahpur, District-Jaunpur, against applicant, which is pending in the court of learned Special Judge SC/ST Act, Jaunpur."
3. Learned counsel for the applicant submits that, in respect
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Point of Law : Criminal breach of trust - Conduct of the judicial officers concerned in passing orders on printed proforma by filling up the blanks without application of judicial mind is objectionab....
When information of a cognizable offence is received or such commission is suspected, proper police officer has authority to enter in investigation of same but where information relates to a non-cogn....
At the stage of taking cognizance and issuing process, the Magistrate is only required to see the sufficiency of the material for proceeding further, not to meticulously examine the evidence. The cou....
Cognizance of non-cognizable offences must follow complaint procedure, and any delay in cognizance is barred by limitation under the Code of Criminal Procedure.
Judicial Magistrates must follow procedural requirements for taking cognizance of non-cognizable offenses, treating police reports as complaints and ensuring fair opportunity to the accused.
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