Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Scheduled Castes and Scheduled Tribes |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Scheduled Castes and Scheduled Tribes (prevention of Atrocities) Act, 1989 (33 of 1989) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 – Proviso to s.14 inserted by amendment – Code of Criminal Procedure, 1973 – ss.207, 209, 193, 482 – Offences under Atrocities Act – Second proviso to s.14 confers powers upon the Special Court constituted u/s.14 also to directly take cognizance of such offences – Cognizance taken by Magistrate and thereafter case committed to the Special Court – Criminal proceedings, if vitiated – High Court quashed and set aside the FIR as well as order passed by the Magistrate taking cognizance and issuing summons for offences under IPC as well as Atrocities Act – On appeal by original informant/complainant, held: It cannot be said that proviso to s.14 takes away jurisdiction of the Magistrate to take cognizance and thereafter to commit the case to the Special Court for trial for the offences under the Atrocities Act – Merely because the Magistrate had taken cognizance of the offences and thereafter the case was committed to the Special Court, it cannot be said that entire criminal proceedings including FIR and charge- sheet etc. are vitiated – Unless the rights which flow from s.14 of the Atrocities Act are affected, it cannot be said that the accused is prejudiced by the Magistrate taking cognizance for the offences under the Atrocities Act and thereafter committing the case to the Special Court – Impugned judgment quashing the entire criminal proceedings against accused for offences u/ss.452, 323, 325, 504, 506(2), 114, IPC and s.3(1)(x) of the Atrocities Act, is set aside – Accused be tried by Special Court having jurisdiction – Penal Code, 1860 – ss.452, 323, 325, 504, 506(2) and 114 – Constitution of India – Article 226 – Scheduled Castes And The Scheduled Tribes (Prevention Of Atrocities) Amendment Act, 2015. Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 – s.14 – Object and purpose of – Discussed. Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 – s.14 – Pre and Post Amendment – Discussed – Scheduled Castes And The Scheduled Tribes (Prevention Of Atrocities) Amendment Act, 2015. Code of Criminal Procedure, 1973 – s.482 – Held: Criminal proceedings cannot be quashed in exercise of powers u/s.482 on the ground of delay in lodging of FIR. Code of Criminal Procedure, 1973 – s.197 – If applicable – Serious allegations against accused-Police Officers of misuse of powers – Held: It is debatable whether the acts alleged to have been done by the accused can be said to be part of official duties and thus if power u/s.197 would apply – Further, lack of sanction for prosecution u/s.197 can not be a ground to quash criminal proceedings u/s.482, CrPC. Code of Criminal Procedure, 1973 – ss.460, 190 – Held: Even considering s.460, if any Magistrate not empowered to take cognizance of an offence u/clause (a) or (b) of sub-section(1) of s.190, takes cognizance, such irregularities do not vitiate proceedings. Words & Phrases – “only”, missing in second proviso to s.14 – Intention of legislature – Discussed – Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 – Second proviso to s.14. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2021 INSC 674 |
Petitioner | Shantaben Bhurabhai Bhuriya |
Respondent | Anand Athabhai Chaudhari & Ors. |
SCR | [2021] 10 S.C.R. 460 |
Judgement Date | 2021-10-26 |
Case Number | 967 |
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