By Sanjeev Sirohi
LUCKNOW: In a very significant judgment pertaining to the category of the offence punishable under Section 506 of the IPC if committed in Uttar Pradesh, the Lucknow Bench of Allahabad High Court in a most learned, laudable, logical, landmark and latest judgment titled Brij Mohan vs State of UP Thru. Prin. Secy. Home Lko.
Another judgeent in Application U/S 482 No.- 12771 of 2023 and cited in 2024 LiveLaw (AB) 26 and also cited in Neutral Citation No.: 2024:AHC-LKO:3380 that was pronounced as recently as on January 11, 2024 has minced just no words to observe specifically that an offence under Section 506 of IPC (punishment for criminal intimidation) if committed in the State of Uttar Pradesh is a cognizable offence. While holding so, a Single Judge Bench comprising of Hon’ble Mr Justice Subhash Vidyarthi of Lucknow Bench of Allahabad High Court referred to a notification published in the UP Gazette dated 31st July, 1989, notifying the declaration made by the then Governor of UP that any offence punishable under Section 506 of the IPC when committed in Uttar Pradesh shall be cognizable and non-bailable. It must be mentioned that the Court also noted that the said notification had been upheld by a Full Bench of the Allahabad High Court in Meta Sewak Upadhyay vs State of U.P., 1995 CJ (All) 1158 and this judgment was also approved by the Apex Court in Aires Rodrigues vs Vishwajeet P Rane (2017).
At the very outset, this brief, brilliant and balanced judgment authored by the Single Judge Bench comprising of Hon’ble Mr Justice Subhash Vidyarthi of Lucknow Bench of the Allahabad High Court sets the ball in motion by first and foremost putting forth in para 2 that, “By means of the instant applicant filed under Section 482 Cr.P.C, the applicant Brij Mohan has challenged the validity of the charge sheet no. 1 of 2023 dated 05.06.2023 under Sections 323, 504, 506 I.P.C. arising out of Case Crime No. 272/2023, Police Station Lalganj, District Raebareli, and the order dated 13.12.2023 passed by the Additional Chief Judicial Magistrate, Court No. 4, Raebareli in Case No. 24381 of 2023, taking cognizance of the aforesaid offences.”
To put things in perspective, the Bench envisages in para 3 that, “The submission of the learned counsel for the applicant is that all the offences are non-cognizable and, therefore, neither an F.I.R could be lodged regarding the offence under Section 323, 504, 506 nor could a charge sheet have been submitted nor could the court have taken cognizance of the offence and have summoned the applicant to face the trial of a State Case and only a complaint could have been entertained by the Court in respect of non-cognizable offences.”
Be it noted, the Bench notes in para 4 that, “The Offence under Section 323, 504 I.P.C are undisputedly non-cognizable offence. The first Schedule appended to the Criminal Procedure Code, 1973 mentions the offence under Section 506 also to be a non-cognizable offence. However, the Uttar Pradesh Government has issued a Notification No. 777/VIII-9 4(2)-87, dated July 31, 1989, which was published in U.P. Gazette, Extra Part-4, Section (Kha), on 02.08.1989, which provides as follows: -
“In exercise of the powers conferred by Section 10 of the Criminal Law Amendment Act, 1932 (Act No. XXIII of 1932) read with Section 21 of the General Clauses Act, 1897 (Act No. 10 of 1897) and in supersession of the notifications issued in this behalf, the Governor is pleased to declare that any offence punishable under Section 506 of the Penal Code, 1860 when committed in any district of Uttar Pradesh, shall notwithstanding anything contained in the Criminal Procedure Code, 1973 (Act No. 2 of 1974) be cognizable and non-bailable.”
It is also worth noting that the Bench then clarifies in para 5 observing that, “The aforesaid notification has been issued under Section 10 of the Criminal Law Amendment Act, 1932 (Act No. 23 of 1932), which provides as follows:—
“10. Power of State Government to make certain offences cognizable and non-bailable.—
(1) The State Government may, by notification in the Official Gazette, declare that any offence punishable under section 186, 188, 189, 190, 228, 295A, 298, 505, 506 or 507 of the Penal Code, 1860, when committed. in any area specified in the notification shall, notwithstanding anything contained in the Code of Criminal Procedure, 1898 (5 of 1898), be cognizable, and thereupon the Code of Criminal Procedure, 1898, shall, while such notification remains in force, be deemed to be amended accordingly.
(2) The State Government may, in like manner and subject to the like conditions and with the like effect, declare that an offence punishable under section 188 or section 506 of the Penal Code, 1860, shall be non-bailable."
Sanjeev Sirohi, Advocate,
s/o Col (Retd) BPS Sirohi,
A 82, Defence Enclave,
Sardhana Road, Kankerkhera,
Meerut – 250001, Uttar Pradesh.