https://www.taxtmi.com/caselaws?id=301389 Direct cognizance by a Special Court of MMDR Act offences without prior committal was irregular under Section 193 CrPC, but the defect was not fatal because Section 465 CrPC applies absent any failure of justice, and the challenge came after participation in proceedings. Joint trial of MMDR Act and IPC offences was permissible where they arose from the same transaction, as the MMDR Act does not exclude Section 220 CrPC. The cognizance order was not vitiated for non-application of mind, since the record showed consideration of the FIR, charge-sheet and connected materials. The Section 22 complaint requirement was satisfied through authorised police action, and proceedings against the Managing Director on a vicarious liability basis were allowed to continue at the cognizance stage. en-us Mon, 29 Nov 2021 00:00:00 +0530 Fri, 01 Apr 2022 20:30:44 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=301389 Direct cognizance by a Special Court of MMDR Act offences without prior committal was irregular under Section 193 CrPC, but the defect was not fatal because Section 465 CrPC applies absent any failure of justice, and the challenge came after participation in proceedings. Joint trial of MMDR Act and IPC offences was permissible where they arose from the same transaction, as the MMDR Act does not exclude Section 220 CrPC. The cognizance order was not vitiated for non-application of mind, since the record showed consideration of the FIR, charge-sheet and connected materials. The Section 22 complaint requirement was satisfied through authorised police action, and proceedings against the Managing Director on a vicarious liability basis were allowed to continue at the cognizance stage. Case-Laws Indian Laws Mon, 29 Nov 2021 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=301389