Tanzeem Ahmad vs The State Of U.P Thru Secy., Home ...
2011 Latest Caselaw 5381 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 26
 

 
Case :- U/S 482/378/407 No. - 4693 of 2011
 

 
Petitioner :- Tanzeem Ahmad
 
Respondent :- The State Of U.P Thru Secy., Home Deptt., Lucknow And Ors.
 
Petitioner Counsel :- L.K Gupta
 
Respondent Counsel :- Govt. Advocate
 

 
Hon'ble Ravindra Singh,J.

Heard learned counsel for the applicant and learned A.G.A.

It is contended by learned counsel for the applicant  that in the present case the cognizance has been taken by the learned A.C.J.M., Court No. 27, Lucknow whereas the alleged occurrence has not taken place in the territorial jurisdiction of Luchnow even then without doing the proper investigation the charge sheet has been submitted and learned Magistrate has taken the cognizance, therefore, the cognizance taken by the learned Magistrate concerned may be quashed.

In reply of the above contention, it is submitted by learned A.G.A. that such issue may be taken by the applicant before the court concerned.

Considering the submissions made by learned counsel for the applicant and learned A.G.A. it is directed that in case the applicant raise this issue before the court concerned within 30 days from today through his counsel, the same shall be heard and disposed of by the court concerned under the provisions of law.

With this direction, this application is finally disposed of.

Order Date :- 21.10.2011

RPD