- (1.) Learned counsel for the petitioner submitted that the order to take cognizance dated 22.12.2009 has been passed mechanically without application of mind and without considering any fact of the case. It is further submitted that even cognizance has been taken for committing offence under Sections 2/3 of the Avaidh Utkhanan Act, which is not in existence.
(2.) This Court directed the State to make it clear whether there is any Act named as 'Avaidh Utkhanan Act' or not and learned counsel for the State submitted that there is no such Act.
(3.) Learned counsel for the petitioner also submitted that even for offence under Section 379/411 of the Indian Penal Code, the Trial Court has not applied its mind so far the case of this writ petition is concerned.;