IRREGULARITY IN ORDER TAKING COGNIZANCE WILL NOT VITIATE CRIMINAL PROCEEDINGS: SUPREME COURT The Supreme Court while deciding an appeal filed against a judgment of the Karnataka High Court which dismissed the appellant’s petition seeking quashing of the criminal proceedings against him. In this case, the appellant, a Managing Director of a company, was facing criminal trial for offences related to unauthorized mining under the Mines and Minerals (Development and Regulation) Act and IPC. The Supreme Court agreed that the Special Court does not have the power to take cognizance of an offence under the MMDR Act without the case being committed to it by the Magistrate under Section 209. The Court considered the question whether the irregularity in taking cognizance will affect the trial. The Court referred to Sections 460, 461 and 465 of CPC. Section 460 enumerates irregularities which do not vitiate the proceedings. With a team of Law experts, Reddy & amp; Reddy Law Firm has extensive experience and involvement in legal disputes. We are regularly involved in representation before courts and tribunals in India.
Submit Your Enquiry