Rajul Bhargava, J. - (1.) Heard Sri Ramesh Chandra Yadav, learned counsel for the applicants and learned A.G.A. for the State.
(2.) The present application has been filed with the prayer to quash Charge Sheet No. 03 of 2016 dated 12.1.2016, cognizance order dated 17.9.2017 as well as entire proceeding of Criminal Case No. 1038 of 2017 (State Versus Santosh Kumar and others) under Sections 323, 325, 352, 504, 506 I.P.C. and 3(1)10 of SC/ST Act arising out of Case Crime No.582 of 2015, Police Station Handia, District Allahabad, pending in the court of Additional Chief Judicial Magistrate, Court No.9, Allahabad.
(3.) The important question of law that emanates for consideration in the present application is whether the Magistrate can directly take cognizance of offence punishable under Section 3(1)X of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 or it is the special court constituted under Section 14 of the Act, 1989 has the jurisdiction to take cognizance in view of amended provisions of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Amending Act, 2015 (Act No.1 of 2016).;