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SANJAY KUMAR SINGH
Santosh Kumar Singh – Appellant
Versus
State of U. P. – Respondent
JUDGMENT
Sanjay Kumar Singh, J.
Heard learned counsel for the applicant, learned Additional Government Advocate for the State of U.P./opposite party no.1 and perused the record.
2. This application under Section 4 82 Cr.P.C. has been filed by the applicant to quash the summoning order dated 11.08.2021 passed by learned Chief Judicial Magistrate, Mirzapur as well as proceedings of Criminal Case No. 2312 of 2021 (State v. Santosh Kumar Singh) arising out of Case Crime No. 27 of 2021, under Section 188 of I.P.C. and Sections 4 /21 Mines and Minerals (Development and Regulation) Act and sections 37, 39 Air (Prevention and Control of Pollution) Act, 1981, Police Station-Ahraura, District-Mirzapur.
3. The issue involved in the matter lies in a very narrow compass. The main substratum of argument of learned counsel for the applicant is that vide impugned summoning order dated 11.08.2021, the applicant has been summoned under Section 188 of I.P.C., Sections 4 /21 of Mines and Minerals (Development and Regulation) Act and sections 37, 39 of Air (Prevention and Control of Pollution) Act, 1981 to face trial, whereas the Magistrate concerned was not empowered to take cognizance on the police rep
The special law prevails over general law in cases of conflict, preventing prosecution based on a police report under specific statutory provisions.
The Magistrate's satisfaction based on documentary evidence is sufficient for taking cognizance of the offence, and the complaint need not specifically mention all offences made out by the facts.
Bar under sub-section (2) of Section 23-A shall not affect any proceedings for the offences under IPC, such as, Section 379 and 414 IPC, which shall proceed further in accordance with law.
Point of Law : Proceeding abuse of process of law liable to be quashed.
The delayed filing of the police report beyond the period of limitation can disempower the court from assuming jurisdiction and cognizance.
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