Home Case Index All Cases Indian Laws Indian Laws + SC Indian Laws - 2020 (12) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2020 (12) TMI 1237 - SC - Indian LawsInterpretation of stature - whether the provisions of the MMDR Act explicitly or impliedly exclude the provisions of the Penal Code (IPC) when the act of an Accused is an offence both under the Penal Code and under the provisions of the MMDR Act? HELD THAT:- Section 22 of the MMDR Act would show that cognizance of any offence punishable under the MMDR Act or the Rules made thereunder shall be taken only upon a written complaint made by a person authorised in this behalf by the Central Government or the State Government. Therefore, on a fair reading of Section 22 of the MMDR Act, the bar would be attracted when the Magistrate takes cognizance. In the case of MANOHAR M. GALANI VERSUS ASHOK N. ADVANI AND ORS. [1999 (11) TMI 899 - SUPREME COURT], when the bar Under Section 195 Code of Criminal Procedure was pressed into service and the High Court quashed the complaint and enquiry on the basis of the FIR registered by the complainant, while setting aside the order passed by the High Court, this Court accepted the submission on behalf of the State that the bar Under Section 195 Code of Criminal Procedure can be gone into at the stage when the court takes cognizance of the offence and investigation on the basis of the information received could not have been quashed and an investigating agency cannot be throttled at this stage from proceeding with the investigation particularly when the charges are serious and grave. The High Court has not committed any error in not quashing the order passed by the learned Magistrate and not quashing the criminal proceedings for the offences Under Sections 379 and 414. It is required to be noted that the learned Magistrate in exercise of the suo motu powers conferred Under Section 156(3), Code of Criminal Procedure directed the concerned In-charge/SHO of the police station to lodge/register the crime case/FIR and directed initiation of investigation and directed the concerned In-charge/SHO of the police station to submit a report after due investigation. As the appeal preferred by the State on the premise that the order passed by the learned Magistrate, confirmed by the High Court, affects the powers of the authorised person to compound the offence, in exercise of powers Under Rule 53 of the 1996 Rules and Rule 18 of the 2006 Rules is concerned, the same is absolutely misconceived. By the order passed by the learned Magistrate, confirmed by the High Court, by no stretch of imagination, it can be said that directing to file the first information report/crime case for the offences under the Indian Penal Code and even for the offences under the MMDR Act and the Rules made thereunder, it affects any of the powers of the authorised person to compound the offence. The appeals filed by the violators/private Appellants are partly allowed, to the extent quashing the proceedings for the offences under the MMDR Act - appeal preferred by the State of Madhya Pradesh stands dismissed.
|