The provision of IPC will not be applicable when there is a special procedure prescribed by law decided by the -Jharkhand high court
The learned honorable MR. JUSTICE SANJAY KUMAR DWIVEDI in the case of Ashwini Kumar vs. The state of Jharkhand (criminal misellaneous petition No. 1012 of 2021), on 20.12.2021
The petition was filed for quashing the entire criminal proceeding including the first information report Filed for the offenses punishable under section 304 of the Indian Penal Code for the death of the petitioner’s son by falling in the mine owned by the defendant.
the learned Counsel for the petitioners argued that the case could not be proceeded under the provision of IPC as Section 5 of C.R.P.C states that “Nothing contained in this Code shall, in the absence of a specific provision to the contrary, affect any special or local law for the time being in force, or any special jurisdiction or power conferred, or any special form of procedure prescribed, by any other law for the time being in force.” . and the allegation made in the FIR the case should not be allowed under section 304 IPC and should be heard undermines act.
The court held that the FIR is concerning open cast mines and this attracts the provision of mines act. the mines act has overriding effect in the situation and according to section 79 of mines, no court shall take cognizance of any offense under this Act, unless a complaint thereof has been made within the prescribed period. The court found the FIR not in accordance with law and quashed the entire criminal proceedings in accordance with the case.
judgement reviewed by Naveen sharma