Case Law Details
Jayant Etc Vs State of Madhya Pradesh (Supreme Court of India)
The court’s conclusions established that a magistrate can order the registration of a crime case or FIR under Section 156(3) of the Code of Criminal Procedure even for offences under the MMDR Act, without attracting the bar under Section 22 of the Act. However, the bar under Section 22 is applicable when the magistrate takes cognizance of offences under the MMDR Act and orders the issuance of process or summons.
The court further clarified that for offences under the IPC, the magistrate can take cognizance based on a police report without waiting for a complaint from the authorized officer. Additionally, in cases where violators are allowed to compound offences by paying a penalty under Section 23A, further proceedings under the MMDR Act are barred, but proceedings under IPC sections like 379 and 414 shall continue.
Court has held as follows:-
i) that the learned Magistrate can in exercise of powers under Section 156(3) of the Code order/direct the concerned Incharge/SHO of the police station to lodge/register crime case/FIR even for the offences under the MMDR Act and the Rules made thereunder and at this stage the bar under Section 22 of the MMDR Act shall not be attracted;
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