Sections 4 and 5 Cr.P.C. read as follows:-
"4 Cr.P.C. Trial of offences under the Indian Penal Code and other laws.-
(1) All offences under the Indian Penal Code (45 of 1860 ) shall be
investigated, inquired into, tried, and otherwise dealt with according tothe provisions hereinafter contained.
(2) All offences under any other law shall be investigated, inquired into, tried, and otherwise dealt with according to the same provisions, but subject to any enactment for the time being in force regulating the manner or place of investigating, inquiring into, trying or otherwise dealing with such offences.
"5 Cr.P.C. Saving.- 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."
Recently the Apex Court in Noorulla Khan Vs. Karnataka
State Pollution Control Board, AIR 2021 SC 3438, has held
that Section 5 of Cr.P.C. applies to the proceedings under the
Special Act. The Act specifies certain procedural justice and
protection. Proceedings under the Indian Penal Code would be
governed by the Criminal Procedure Code only and therefore,
the provisions of Section 5 of Cr.P.C. and 468 Cr.P.C. read with
contours for invoking Article 226 of the Constitution will not
permit us to interfere in the investigation as prima facie, facts
go to show that the ingredients of Section 406, 420 and 120-B
IPC are made out against the accused. The actus reus is also
prima facie proved to dupe the informant.
Accordingly, the petition is devoid of merit and is dismissed
with the costs of Rs.5,000/- as Sections 4 and 5 of Cr.P.C.
cannot be made applicable to the facts of this case as we have
elaborately discussed that the complainant/informant has not
invoked the provisions of the special Act (N.I. Act) but the
alleged commission of offences punishable under the Indian
Penal Code triable as per procedural law i.e. Criminal
Procedure Code, the investigation cannot be quashed.
ALLAHABAD HIGH COURT
Case :- CRIMINAL MISC. WRIT PETITION No. - 7685 of
2022
Petitioner :- Mohar Pal And Another
Respondent :- State Of U.P. And 2 Others
Coram: Hon'ble Dr. Kaushal Jayendra Thaker,J. Hon'ble Gautam Chowdhary,J.
Order Date :- 21.6.2022
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