THE STATE OF UTTAR PRADESH versus AMAN MITTAL & ANR.

THE STATE OF UTTAR PRADESH versus AMAN MITTAL & ANR.

Offences under Chapter XIII of the Indian Penal Code, 1860, relating to weights and measures, cannot be prosecuted when the same act is covered by the Legal Metrology Act, 2009, which is a special statute. However, for offences like cheating, forgery, conspiracy, which are not covered under the special Act, prosecution under IPC is permissible. The High Court acted beyond its jurisdiction by issuing directions against erring officials in proceedings under Section 482 Cr.P.C., and such directions must be quashed.

Parties
Appellant: THE STATE OF UTTAR PRADESH; Respondents: AMAN MITTAL & ANR.
Jurisdiction
India
Judgment Date
04 September 2019
Procedural Posture
Criminal Appeal / Appeal From Orders of the High Court of Judicature at Allahabad, Lucknow Bench
Outcome
Appeals partly allowed.
Legal Topics
Applicability of Special Statutes Over IPC, Legal Metrology Act Offences, Overlap With IPC, Criminal Procedure
Criminal Law Special Legislation Applicability of Special Statutes Over IPC Legal Metrology Act Offences Overlap With IPC Criminal Procedure

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Parties

THE STATE OF UTTAR PRADESH

Appellant

AMAN MITTAL & ANR.

Respondents

Procedural Posture

Criminal Appeal / Appeal From Orders of the High Court of Judicature at Allahabad, Lucknow Bench

Legal Issues

  1. 1 Whether provisions of IPC are ousted by the Legal Metrology Act, 2009, for offences relating to weights and measures
  2. 2 Whether prosecution under sections of IPC and special statutes can co-exist
  3. 3 Scope of powers of High Court under Section 482 Cr.P.C.

Ratio Decidendi

Offences under Chapter XIII of the Indian Penal Code, 1860, relating to weights and measures, cannot be prosecuted when the same act is covered by the Legal Metrology Act, 2009, which is a special statute. However, for offences like cheating, forgery, conspiracy, which are not covered under the special Act, prosecution under IPC is permissible. The High Court acted beyond its jurisdiction by issuing directions against erring officials in proceedings under Section 482 Cr.P.C., and such directions must be quashed.

Court Disposition

Appeals partly allowed.

Orders

  • Directions given by the High Court in para 11 are quashed.
  • Order quashing offences under Sections 265 and 267 IPC is upheld.