Amit Agarwal
On Thursday, Justice Karunesh Singh Pawar of Allahabad HC Lucknow Bench heard a Petition under Section 482 CrPC seeking an interim stay on the operation and implementation of an order passed by the Additional Sessions Judge Court No. 19 under Sections 409, 120-B, IPC, and Section 13(1)(d), 13(2) of Prevention of Corruption Act.
In the present case, the learned counsel for the Petitioner stated that the order dated 10.02.2021 was given by a court other than the designated court, which lacks jurisdiction.
“In the instant case, F.I.R. has been lodged at Police Station Gomti Nagar and therefore, in view of the notification dated 23.11.2020 issued by the U.P. Government vide which the designated court is Special Court (P.C.) No. 2 Lucknow under the Prevention of Corruption Act, whereas cognizance, in this case, has been taken by some other Court which is not a designated Court under the Act and therefore, the cognizance order is without jurisdiction,” the Learned counsel for the Petitioner stated before the court.
The court had granted the learned A.G.A two weeks period to seek instruction in this matter as to whether any notification designating the Court of Special Judge/MP/MLA/Additional Sessions Judge Court no. 19 has been issued in respect of taking cognizance to an offence under the Prevention of Corruption Act.
Advocates Pradeep Kumar Rai, Prakarsh Pandey, and Praveen Kumar Shukla appeared for the Petitioner.
The next date for the matter is listed on 23.09.2021