SHANTABEN BHURABHAI BHURIYA Vs. ANAND ATHABHAI CHAUDHARI

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgment and order dated 09.05.2019 passed by the High Court of Gujarat passed in Special Criminal Application No.5670 of 2017, by which, the High Court has allowed the said Special Criminal Application and has quashed and set aside the FIR being M Case No.2 of 2013 for the offences punishable under Sections 452, 323, 325, 504, 506(2) and 114 of the Indian Penal Code and under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the "Atrocities Act") and also quashing and setting aside the order of issuance of summons dated 15.02.2017 passed by the learned JMFC, Jhalod in Criminal Inquiry No.108 of 2013 as well as all consequential proceedings arising therefrom, the original informant/ complainant has preferred present Appeal.

(2.) The facts leading to the present appeal in nutshell are as under:

(3.) Shri Nikhil Goel, learned counsel for the appellant has vehemently submitted that High Court has misinterpreted and misconstrued the amendment to Section 14 of the Atrocities Act. It is submitted that as per the High Court, after amendment to Section 14 of the Atrocities Act, cognizance can only be taken by the learned Special Judge/Court and therefore, taking cognizance and issuance of summons by the learned Magistrate can be said to be prohibited by law and consequently quashing the criminal proceedings / FIR on the aforesaid ground is erroneous. It is submitted that apart from the fact that the amendment to Section 14 of the Atrocities Act was brought in the year 2016, second proviso to Section 14 (as amended) cannot be read as a standalone provision and must be read with the purpose it seeks to achieve. It is submitted that by inserting second proviso to Section 14, the purpose it seeks to achieve is providing for speedy trial. It is submitted that amendment does not exclude the provision of Code of Criminal Procedure but only clarify the position that the bar of Section 193 of the Code of Criminal Procedure would not be ipso facto applicable. It is submitted that it gives a choice to the Investigating Agency to file the report either before the Magistrate who will commit the matter to the Court of Special Judge under Section 209 of the Code of Criminal Procedure or to file it directly before the Special Court. It is submitted that interpretation given by the High Court would add premium to the alleged criminal actions of an accused who would not even be tried for serious offences merely because a final report has been forwarded to a wrong forum.