CRPC SEC 201 ANAND ATHABHAI CHAUDHARI & 1 other(s) Versus STATE OF GUJARAT

World News

By the way of present petition filed under Article 226 of the Constitution of India and under Section 482 of the Criminal Procedure Code, the petitioners seek to quash and set aside the FIR being M. Case No.2 of 2013 registered with Limdi Division Police Station, District: Dahod for the offences punishable under Sections 452, 323, 325, 504, 506(2), 114 of the Indian Penal Code and under Section 3(1)(x) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (hereafter be referred to as “the Atrocity Act”) as well as the order of issuance of summons dated 15.02.2017 passed by the learned Judicial Magistrate, First Class, Jhalod in Criminal Case No. 169 of 2017.

Now, considering the material placed on record, it is borne out than Section 14 of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 has been amended w.e.f.26.01.2016. Now, Section 14 of the Atrocity Act reads as under

Now, admittedly, in this case, when the amendment has been carried out, the Special Court can take cognizance directly. As such, the jurisdiction of the Judicial Magistrate, First Class can be said to be ousted. On perusal of the material placed on record,

it is clearly found that the allegation made in the impugned complaint is regarding excessive use of force by the police, when the police went to the place of occurrence to control the mob; the members of the mob had assaulted the police. It also appears that for the incident of assault on the police, the police has already filed the complaint for the same place and period and in that connection, the husband of the present complainant was arrested and he was brought to the concerned Judicial Magistrate Court wherein ha has not made any allegation of the Atrocity Act either on himself or on his family member.

It also appears from the record that the present complaint has been lodged after two months and there is no explanation given for delay of such complaint. Even if the allegation made in the complaint is believed for sake of arguments, then, in that case, it clearly transpires that the action of the police was in discharging of their official duty of controlling the mob, as at that time the members of the mob had assaulted on the police. Under these circumstances, in absence of sanction under Section 197 of the Code of Criminal Procedure from the State Government, the concerned Court could not have taken cognizance of the offence.

Further, in view of the amendment made in Section 14 of the Atrocity Act, the order for taking cognizance was passed in the year 2017 is beyond the jurisdiction of the Court of the Judicial Magistrate, First Class. The concerned Special Court can only take cognizance in view of the amendment in Section 14 of the Atrocity Act.

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