MOHAN RAJ versus DIMBESWARI SAIKIA & ANR

MOHAN RAJ versus DIMBESWARI SAIKIA & ANR

The issuance and communication of a certificate under Section 197(6) (Assam Amendment) vests an accrued right in the accused to be discharged, and the repeal of the Act does not take away this right in light of Section 6 of the Assam General Clauses Act, 1915. Once the certificate is communicated, the Court is bound to dismiss the complaint or discharge the accused, and failure to appeal the certificate bars further proceedings.

Parties
Appellant: Mohan Raj; Respondent No. 1: Dimbeswari Saikia; Respondent No. 2: State of Assam
Jurisdiction
India
Judgment Date
10 November 2006
Procedural Posture
Criminal Appeal / Appeal From High Court in Criminal Revision
Outcome
Appeal allowed
Legal Topics
Sanction for Prosecution, Repeal and Savings, Police Encounters, Vested Rights, Doctrine of Purposive Construction
Criminal Law Statutory Interpretation Sanction for Prosecution Repeal and Savings Police Encounters Vested Rights Doctrine of Purposive Construction

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Parties

Mohan Raj

Appellant

Dimbeswari Saikia

Respondent No. 1

State of Assam

Respondent No. 2

Procedural Posture

Criminal Appeal / Appeal From High Court in Criminal Revision

Legal Issues

  1. 1 Whether the issuance and communication of a certificate under Section 197(6) of the Code of Criminal Procedure (Assam Amendment) Act, 1983 vests an accrued right in the accused police personnel, preventing prosecution.
  2. 2 Effect of the repeal of the Assam Amendment Act, 1983 by the Assam Repealing Act, 1986 on accrued/vested rights and sanctions granted for prosecution.
  3. 3 Application of principles of statutory interpretation and doctrines regarding accrued rights upon repeal.

Ratio Decidendi

The issuance and communication of a certificate under Section 197(6) (Assam Amendment) vests an accrued right in the accused to be discharged, and the repeal of the Act does not take away this right in light of Section 6 of the Assam General Clauses Act, 1915. Once the certificate is communicated, the Court is bound to dismiss the complaint or discharge the accused, and failure to appeal the certificate bars further proceedings.

Court Disposition

Appeal allowed

Orders

  • Impugned judgment of Gauhati High Court set aside
  • Prosecution proceedings against appellant quashed