Proceedings Under SC-ST Act Not Vitiated Merely Because Cognizance Was Taken By Magistrate: Supreme Court

Key Takeaways

• Criminal proceedings under SC-ST (Prevention of Atrocities) Act, is not vitiated merely because the Magistrate had taken cognizance and committed the case to Special Court.
• The insertion of the second proviso to Section 14 of the Act only gives additional powers to the Special Court to take cognizance of the offences under the Act.

Background

• The complaint alleging offences under SC-ST Act was filed before the Magistrate who sent the complaint aboutthe investigation as per Section 156(3) of the Code of Criminal Procedure by observing that having heard the complainant and perused the documentary evidence and considering the seriousness of the case, the investigation is required
• The investigation officer submitted the report to the Magistrate pointing out that the alleged offences are prima facie appear to have been committed by the accused persons
• The Magistrate issued summons to the accused and thus took cognizance of the alleged offences.
• Challenging this order issuing summons, the accused approached the Gujarat High Court.
• The High Court quashed FIR as well as the order passed by the Magistrate taking cognizance on the grounds that (1) given the amendment to Section 14 of the Atrocities Act, the Special Court can take cognizance directly and the jurisdiction of the learned Magistrate can be said to be ousted and (2) looking at the allegation in the FIR in the absence of sanction under Section 197 of the Code of Criminal Procedure from the State Government. The concerned Court ought not to have taken cognizance of the offences

Observation

• The insertion of the second proviso to Section 14 of the Act only gives additional powers to the Special Court to take cognizance of the offences under the Act.
• It cannot be said that it takes away the jurisdiction of the Magistrate to take cognizance and thereafter to commit the case to the Special Court for trial.
• It is advisable that Special Court directly take cognizance of the offences under the Atrocities Act.
• Additional powers have been given to the Special Court also to take cognizance of the offences
• The Court further noted that under Section 460 of the Code of Criminal Procedure, if any Magistrate not empowered by the law to take cognizance of an offence under clause (a) or clause (b) of sub-section (1) of Section 190, takes cognizance, such irregularities do not vitiate proceedings.
• The bench said that at the most, it can be said to be irregular proceedings for which, it does not vitiate the proceedings
• Even assuming that the High Court was right that in absence of sanction under Section 197, the proceedings are vitiated, in that case, the High Court could have directed the authority to take sanction and then proceed, instead of completely quashing the entire criminal proceedings.

Questions

• What is your opinion on this judgement?
• Can Special Court directly take cognizance of the offences under the Atrocities Act?

Let us know your views on the issue in the comment section below!