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The Supreme Court has directed the Chief Judicial Magistrate of Gorakhpur to pass an order on whether to take cognizance of a criminal complaint against UP Chief Minister, Yogi Adityanath. Apparently the riots in Gorakhpur in 2007 were incited and provoked by Yogi Adiyanath who was then a Member of Parliament. The Supreme Court Bench of Chief Justice Dipak Misra, Justice AM Khanwilkar and Justice DY Chandrachud noted that reasoned order was necessary for taking cognizance.
On completion of investigation, the police filed charge sheet under sections 147, 295, 297, 436 and 506 of IPC. The accused persons filed revision in the Sessions Court challenging the order of cognizance on the ground that sanction was not granted by the competent authority. The matter was remitted back to the CJM for fresh consideration after the Session’s Court allowed the revision, setting aside the order of cognizance.
However the order of the Sessions Court was challenged by the complainant saying that the revision was allowed without issuing notice to the complainant. The High Court did not accept the challenge and held that de-facto complainant will not come within the scope of “other persons” under Section 401(2) of CrPC and hence no notice was required to be issued to him. The Supreme Court remitted back the matter to magistrate with a direction to pass a fresh order in accordance with law on the issue of taking cognizance.
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