Accrued right under statutory certificate survives repeal where savings provisions preserve dismissal or discharge of the complaint.

A statutory certificate in favour of a public servant, issued under the Assam amendment to the Code of Criminal Procedure, created an accrued right to dismissal of the complaint or discharge of the accused once the certificate affirmed discharge of official duty. That right was not lost merely because the complaint court had not yet passed the consequential order. The subsequent repeal of the Assam amendment did not extinguish accrued rights or pending proceedings, because the savings provision preserved them and no contrary legislative intention was expressed. The complaint proceedings therefore could not continue after the certificate and repeal were applied.

---

---

Issues: Whether the certificate issued under the Assam amendment to the Code of Criminal Procedure entitled the accused to dismissal of the complaint, and whether the subsequent repeal of the Assam amendment destroyed the accrued right arising from that certificate.

Analysis: The statutory scheme required the court, on a reference concerning a public servant, to await the State Government's certificate and, if the certificate affirmed that the accused acted in discharge of official duty, to dismiss the complaint or discharge the accused. The certificate issued by the State created an accrued right in favour of the accused, and that right was not defeated merely because the complaint court had not yet passed the consequential order. The repeal provision did not express any intention to take away accrued rights; on the contrary, the savings rule preserved rights, liabilities, and proceedings already attracted under the repealed enactment. The later reopening of the complaint could not override the effect of the earlier certificate.

Conclusion: The accused was entitled to the benefit of the certificate, and the complaint proceedings could not be sustained after the certificate and the repeal savings provisions were applied.

Final Conclusion: The impugned judgment was set aside and the complaint proceedings were quashed, resulting in success for the appellant.

Ratio Decidendi: Where a statutory certificate in favour of a public servant creates an accrued right to dismissal or discharge, a later repeal will not destroy that right unless the repealing legislation clearly manifests a contrary intention.

---