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2025 DAILYLAW 158857 (ALL)

PAPPU @ MOHAMMAD TAHIR v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHER

NA528/1002/2025 · 2025-08-28

Ajay Bhanot

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 1002 of 2025 Court No. - 15 HON'BLE AJAY BHANOT, J. Heard Shri Sanjeev Shukla, learned counsel assisted by Shri Rajkumar, learned counsel for the applicant and Shri Vivek Gupta, learned A.G.A. for the State. It is contended by Shri Sanjeev Shukla, learned counsel assisted by Shri Rajkumar, learned counsel for the applicant that the learned Additional Chief Judicial Magistrate-IV, Unnao exceeded his jurisdiction by taking cognizance of charge-sheet dated 27.10.2024 arising out of Case Crime No.126 of 2024 under Section 3, 4(b), 5 of the Explosive Substance Act, 1908, Police Station-Sohramau, District-Unnao. The competent court is the special court designated under Section 13 of the National Investigation Act. The competent designated court to take cognizance of the aforesaid offences under the Section 13 of the National Investigation Act. Learned District Judge, Unnao is directed to ensure that the charge-sheet is placed before the competent designated court under Section 13 of the National Investigation Act forthwith. The competent designated court shall thereafter proceed in accordance with law. Versus Counsel for Applicant(s) : Sanjeev Shukla, Raj Kumar Counsel for Opposite Party(s) : G.A. Pappu @ Mohammad Tahir .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another .....Opposite Party(s) The impugned order dated 01.05.2024 passed by the Additional Chief Judicial Magistrate-IV, Unnao is liable to be set aside and is set aside. The application under Section 528 BNSS is allowed. August 28, 2025 Ashish Tripathi NA528 No. 1002 of 2025 2 (Ajay Bhanot,J.) Digitally signed by :- ASHISH NAYAN TRIPATHI High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ASHISH NAYAN TRIPATHI High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ASHISH NAYAN TRIPATHI High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ASHISH NAYAN TRIPATHI High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ASHISH NAYAN TRIPATHI High Court of Judicature at Allahabad, Lucknow Bench