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2021 Supreme(SC) 853

D.Y.CHANDRACHUD, VIKRAM NATH, B.V.NAGARATHNA
Pradeep S. Wodeyar – Appellant
Versus
State of Karnataka – Respondent


Advocates appeared:
For the Appellant(s) :Pravin H Parekh, S. Udaya Kumar Sagar, Bina Madhavan, L.M. Chidanandayya, Akanksha Mehra, M/s. Lawyer S Knit & Co, Prabhar Kumar Rai, Nitesh Bhandari, Shourajeet Chakravarthy, Vinit Kumar, Naveen Kumar, Siddhartha Dave, Siddharth Garg, Devanshi Singh, Himanshu Chaubey, Advocates
For the Respondent(s):Nikhil Goel, V.N. Raghupathy, Ashutosh Ghade, Vinay Mathew, Advocates

Judgement Key Points

Based on the provided legal document, here are the key points:

  • Irregularity of Cognizance: The Special Court does not have the power to take cognizance of an offence under the Mines and Mineral (Development and Regulation) Act (MMDR Act) without the case being committed to it by a Magistrate under Section 209 of the Code of Criminal Procedure (Cr.P.C.), as there is no specific provision to the contrary in either the Cr.P.C. or the MMDR Act (!) (!) (!) (!) (!) (!) (!) (!) . Consequently, the order of the Special Judge taking cognizance on 30 December 2015 is irregular (!) (!) .
  • Applicability of Section 465 Cr.P.C.: Section 465 of the Cr.P.C. applies to interlocutory orders, including orders taking cognizance and summons orders, to prevent delay in the commencement and completion of the trial (!) (!) (!) (!) (!) . Therefore, even if the cognizance order is irregular, it does not vitiate the proceedings unless a "failure of justice" is proved (!) (!) (!) (!) (!) .
  • Failure of Justice Test: To determine if there has been a failure of justice under Section 465, courts must consider the stage of the challenge, the seriousness of the offence, and the intention to prolong proceedings. In this case, the challenge was raised two years after the cognizance order, and given the diminished role of the committing Magistrate under the 1973 Cr.P.C. compared to the 1898 Code, no failure of justice was demonstrated (!) (!) (!) (!) (!) (!) (!) (!) .
  • Cognizance of Offence vs. Offender: It is a settled principle that cognizance is taken of the offence and not the offender. A mere error in the form of the cognizance order (e.g., mentioning "accused" instead of "offence") does not vitiate the proceedings if the material facts of the offence were perused (!) (!) (!) (!) (!) (!) (!) (!) .
  • Joint Trial under IPC and MMDR Act: The Special Court has the power to take cognizance of offences under the IPC and conduct a joint trial with offences under the MMDR Act. Section 220 of the Cr.P.C. (Trial for more than one offence) applies to proceedings before the Special Court unless expressly or impliedly repealed, which is not the case here (!) (!) (!) (!) (!) (!) (!) (!) (!) .
  • Authorization for Complaint under Section 22 MMDR Act: Section 22 of the MMDR Act requires a complaint by an authorized person for taking cognizance of offences under the Act, but this bar does not apply to offences under the IPC. The notification dated 21 January 2014 authorized the Sub-Inspector of Police (including those in the SIT) to file complaints under Section 22, and the FIR was signed by a Sub-Inspector, thus complying with the Act (!) (!) (!) (!) (!) (!) (!) .
  • Vicarious Liability under Section 23 MMDR Act: The question of whether the Managing Director (A-1) was "in-charge of and responsible for the conduct of the business" at the time of the offence is a matter for trial. The position of a Managing Director creates a presumption of responsibility, but the proviso to Section 23 allows them to escape liability if they prove lack of knowledge or exercise of due diligence, which must be tested during the trial (!) (!) (!) (!) (!) (!) (!) .

JUDGMENT :

DHANANJAYA Y. CHANDRACHUD, J.

Contents

(A)

The Facts

3

(B)

The Submissions

13

(C)

The Analysis

17

(C.1)

The power to take cognizance

17

(C.2)

Special Courts power to take cognizance

19

(C.2.1)

Section 465 Cr.P.C. and interlocutory orders

30

(C 2.2)

Section 465 Cr.P.C. and failure of Justice

35

(C.3)

Cognizance of the offence and not the offender

41

(C.4)

Cognizance by the Special Court of offences under the IPC

47

(C.4.1)

Joint trial and express repeal

51

(C.4.2)

Joint trial and implied repeal

54

(C.5)

Cognizance order and non-application of mind

58

(C.6)

Authorised person and Section 22 of MMDR Act

67

(C.7)

Vicarious liability and Section 23 of MMDR Act

74

(D)

The Conclusion

78

(A) The Facts

1. A Single Judge of the High Court of Karnataka dismissed two petitions instituted by the appellants for quashing the criminal proceedings initiated against them in Special C.C. No. 599/2015 (arising out of Crime No. 21/2014) for offences punishable under

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            Judicial Analysis

            None of the cases in the provided list explicitly indicate that they have been overruled, reversed, or explicitly treated as bad law based solely on the language and references provided. There are no clear markers such as "overruled," "reversed," or "criticized" in the summaries or citations that suggest a case has been invalidated or discredited in subsequent rulings. Most references seem to reaffirm or follow the principles established in the case of Pradeep S. Wodeyar v. State of Karnataka (2021) 19 SCC 62.

            Several entries (e.g., Mahesh Kariman Tirki VS State of Maharashtra - 2022 0 Supreme(Bom) 2106, Sumit VS State of U. P. - 2024 0 Supreme(All) 49, Sunita Devi VS State of Bihar - 2024 5 Supreme 138, Nimmagadda Prasad VS State through Central Bureau of Investigation ACB - 2024 0 Supreme(Telangana) 1037, Chandra Raj @ Chandra VS State Of U. P Thru. Prin. Secy. Home Lko. - 2024 0 Supreme(All) 1554, Arjun Anjaneya Reddy VS State Of Karnataka - 2024 0 Supreme(Kar) 547, Nishant Surendra Thadani VS State Of Gujarat - 2024 0 Supreme(Guj) 1781, SRI PRANAV S KODGI vs THE STATE BY GEOLOGIST, MINES AND MINERALS DEPARTMENT - 2025 Supreme(Online)(KAR) 7558, Garima Shaw @ Guddi Shaw vs Umesh Kumar Shaw - 2025 0 Supreme(Cal) 198, Avik Bid, S/o. Maloy Kumar Bid vs State By Jalahalli Police Station, Represented By Its Inspector Of Police - 2025 0 Supreme(Kar) 531, Arjun Anjaneya Reddy, S/o. Sri P. Anjaneyareddy vs State Of Karnataka, Through The Anekal Police Station, Represented By The Station House Officer, Represented By The Ld. Public Prosecutor - 2025 0 Supreme(Kar) 230, Santosh Karwade, S/o Late Mr.Sitaram Karwade vs Union Of India - 2025 0 Supreme(Ker) 2386, Nishant Roadlines, represented through it's sole proprietor namely Sri. Umlesh Ojha, son of Sri.Gupteshwar Ojha vs Union of India, through the Principal Secretary, Ministry of Environment - 2025 0 Supreme(Jhk) 1727) explicitly or implicitly reference the case of Pradeep S. Wodeyar v. State of Karnataka (2021) SCC 62 as being followed, reaffirmed, or reiterated. This indicates a treatment pattern of adherence and affirmation.

            Phrases like “the decision was followed and reiterated,” “affirmed in subsequent decision,” and “the Court has elaborately noted upon” suggest these cases are consistent with or supportive of the principles in the Wodeyar case.

            Several entries (e.g., Subhash Desai VS Principal Secretary, Governor of Maharashtra - 2023 0 Supreme(SC) 500, Mahender Kumar Khandelwal VS Directorate of Enforcement - 2024 0 Supreme(Del) 201, SUNITA DEVI vs THE STATE OF BIHAR - 2024 Supreme(Online)(SC) 3957, Gowri vs State rep. - 2024 Supreme(Online)(Mad) 54325) reference the case in the context of clarifications or discussions of principles such as due process, cognizance, jurisdiction, etc., indicating these cases are treated as consistent authority.

            Some references (e.g., Ajit Kumar Sinha VS State of West Bengal - 2025 0 Supreme(Cal) 149, B. S. Yeddyurappa VS Criminal Investigating Department (CID) - Crimes (2025), Mr. T. Nagarjuna Reddy vs Central Bureau of Investigation - 2024 Supreme(Online)(Tel) 34019, Ajit Kumar Sinha VS State of West Bengal - 2025 0 Supreme(Cal) 149) mention reliance on Wodeyar or principles derived from it but do not specify whether the treatment is affirming or critical. They seem to use Wodeyar as a supporting authority rather than a case that has been overruled or criticized.

            The list does not contain explicit indications of cases being overruled, reversed, or criticized, which limits the ability to identify bad law definitively. All references appear to treat the Wodeyar decision as good law or authoritative.

            Cases where the treatment is not explicitly stated or where the references are generic (e.g., Ajit Kumar Sinha VS State of West Bengal - 2025 0 Supreme(Cal) 149, B. S. Yeddyurappa VS Criminal Investigating Department (CID) - Crimes (2025), Mr. T. Nagarjuna Reddy vs Central Bureau of Investigation - 2024 Supreme(Online)(Tel) 34019) are placed here due to lack of explicit affirmation or criticism. The absence of negative language or markers of overruling suggests treatment is at least neutral or supportive, but certainty is limited.

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