NARAYAN SHUKLA, J. - (1.) HEARD Mr. Kunwar Mridul Rakesh, Senior Advocate, assisted by Mr. Naved M. Ali, for the petitioner and Mr. Rajendra Kumar Dwivedi, learned Additional Government Advocate for the State.
(2.) THE petitioner has challenged the order impugned dated 25.2.2001, passed by the Chief Judicial Magistrate, Bahraich in Case Criminal Case No. 22 of 2011, under Section 14 of the Foreigners Act, 1946 and Section 3(III) of the Passport (Entry into India) Act, 1920, Police Station Rupaidiha, District Bahraich, whereby the petitioner's application, seeking permission for termination of pregnancy, has been rejected considering the same under the provision of Section 312 of the Indian Penal Code being cognizable offence. Mr. Rajendra Kumar Dwivedi, learned Additional Government Advocate raised preliminary objection against the maintainability of the petition on the ground that the case is pre-cognizance stage. Until and unless the cognizance is taken by the learned Magistrate, there is no reason for interference of this Court as prior to stage of the cognizance, no proceeding under the Code of Criminal Procedure can be treated as pending before the learned Magistrate concerned.
(3.) IN reply, learned counsel for the petitioner submits that at the face of the order impugned, it reveals that the learned Magistrate has exercised the power provided under Section 312 of the Indian Penal Code in dealing with the case whereas for the subject in issue, there is a Special Act called as the Medical Termination of Pregnancy Act, 1971 having overriding effect over the Indian Penal Code. He also invited the attention of this Court towards Section 3 of the said Act.;