- (1.) SHORT point pleaded in challenge to proceedings of Criminal Case No. 1383 of 2011 (State Vs. Santosh & Others) arising out of chargesheet No. Nill of 2011, N.C.R. No. 270 of 2011, under Sections 323, 504, 506 I.P.C. pending before A.C.J.M., court no. 13, Pratapgarh, is that although offences are not cognizable, yet Magistrate? has taken cognizance of the chargesheet filed in the case as if Section 506 I.P.C. is cognizable offence. It has been pleaded on behalf of the petitioners that Section invoked against the petitioners are non-cognizable and, therefore, cognizance should not have been taken.
(2.) SRI Rajendra Kumar Dwivedi, learned counsel for the State has pointed out that a Full Bench of this Court has considered this issue in the case of Mata Sevak Upadhyaya Vs. State of U.P. and others, 1995, JIC, 1168 (FB), Allahabad, and has held that notification declaring provisions of 506 of Indian Penal Code as cognizable offence is not violative of Article 14 of the Constitution of India. The notification declaring Section 506 I.P.C. a cognizable offence has been upheld by virtue of the judgment rendered by the Full Bench. Learned counsel appearing for the petitioners has not been able to draw attention of this Court towards any judgment to the contrary. The petition is dismissed in view of the law laid down by Full Bench of this Court in the case of Mata Sevak Upadhyaya Vs. State of U.P. and others, 1995, JIC, 1168 (FB), Allahabad.;