VidhiSangh

Supreme Court of India · 26/10/2021

SHANTABEN BHURABHAI BHURIYA versus ANAND ATHABHAI CHAUDHARI & ORS.

[2021] 10 S.C.R. 460 · 2021 INSC 674

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Summary

The Court restored criminal proceedings alleging assault and caste-based abuse by police officers. The amended Section 14 empowered Special Courts to take direct cognizance but did not exclude a Magistrate’s cognizance followed by committal. The High Court also overlooked the complainant’s prompt attempts to initiate proceedings. Whether the alleged second incident bore the necessary connection with official duties for Section 197 sanction was debatable and did not justify quashing at that stage. Trial before the competent Special Court was directed.

Issues

  1. Whether direct-cognizance power given to the Special Court displaced the Magistrate’s cognizance and committal route.
  2. Whether alleged delay and absence of sanction justified quashing these proceedings.

Provisions considered

Held

Result

Appeal allowed to the stated extent; High Court order quashing the FIR and consequential criminal proceedings set aside. Accused directed to be tried by the jurisdictional Special Court.

Judgment PDF: Supreme Court of India, [2021] 10 S.C.R. 460.