N. NATARAJAN versus B.K. SUBBA RAO

Citation: [2002] SUPP. 4 S.C.R. 428 · Decided: 03-12-2002 · Supreme Court of India · Bench: S. RAJENDRA BABU · Disposal: Appeal(s) allowed

Judgment (excerpt)

A 
B 
N. NATARAJAN 
v. 
B.K. SUBBA RAO 
DECEMBER 3, 2002 
[S. RAJENDRA BABU AND ARUN KUMAR, JJ.J 
Code of Criminal Procedure, 1973; Sections 192 to 196, 227, 340 and 
341: Proceedings before Designated Court-Complaint against Public 
C Prosecutor-Locus standi-According to Designated Court Complainant has 
locus standi to file complaint against Public Prosecutor and directed issue 
of notice-Challenge of-Power under Article 136-Jnvoking of-Held, power 
under Article 136 not subject to any limitation and left entirely to discretion 
of Supreme Court-Court has duty to interfere in case of grave miscarriage 
of justice and it cannot be taken away by any legislation except constitut~onal 
D amendment-Issuing of notice in such complaint would affect adversely 
functioning of public prosecutor in proper conducting of cases with full 
freedom and might·result in serious miscarriage in administration of justice, 
besides advocates would feel insecured-Constitution of India, 1950-Article 
136. 
E 
Words & Phrases: 
'NOLLE PROSEQUJ'-Meaning of 
Respondent filed an application before the Designated Court alleging 
that appellant-Chief Public Prosecutor while conducting Bombay blast case 
F submitted that the material on record was sufficient to frame charges against 
accused in that matter. However, at later stage of the proceedings, he submitted 
to drop those charges against the accused. These contradictory submissions 
causes injury and injustice to some of the accused and his conduct would attract 
the provision.of Section 192 to 196 and 227 Cr.P.C. Designated Court 
G recorded its satisfaction as to locus standi of the respondent and directed to 
issue notice to the appellant, which was challenged in this appeal. 
H 
It was contended for the appellant that since respondent was stranger 
to the proceed~ngs before TADA Court, no public interest would be served by 
interfering in the matter. 
428 
N. NATARAJAN v. B.K. SUBBA RAO 
429 
Respondent contended that no appeal under Article 136 lies against the A 
interim order passed by the Designated Judge under TADA; and that exercise 
of power in this matter by this Court would affect his statutory right to appeal 
under Section 341 Cr. P.C. 
Allowing the appeal, the Court 
HELD: 1.1. It is trite to say that the extraordinary power conferred under 
Article 136 of the Constitution cannot be taken away by any legislation, short· 
of constitutional amendment The nature of the statute or limitations "imposed 
within a statute cannot deter this Court from exercising its jurisdiction. It is 
B 
not even restricted by the appellate provisions enumerated in Criminal C 
Procedure Code or any other statute. Therefore, contentions urged, which 
are preliminary in nature, cannot detain this Court in entertaining ·this matter 
or examining the correctness of the proceedings before the Designated Judge. 
(434-B-C) 
1.2. An appeal lies when a matter is finally and conclusively decided by D 
a Court or a Tribunal. If the High Court or the Supreme C0urt, in exercise 
of the extraordinary jurisdiction under Article 226 or Article 136 of the 
Constitution or under Section 482 Cr.P.C., as the case may be, quashes certaiii 
proceedings, a party cannot complain that his right to statutory appeal had 
been deprived. [434-D-E) 
A.R. Antulay v. R.S. Nayak, 11988) 2 SCC 602, distinguished. 
2. It is well settled that in criminal law that a complaint can be lodged 
by any one who has become aware of a crime having been committed and 
thereby set the law into motion. In respect of offences adverted to in Section 
E 
195 Cr.P.C. there is a restriction that the same cannot be entertained unless F 
a complaint is made by a Court because the offence is stated to have been 
committed in relation to the proceedings in that Court. Section 340 Cr.P.C. 
is invoked to get over the bar imposed under Section 195 Cr.P.C. In ·ordinary 
crimes not adverted to under Section 195 Cr.P.C. if in respect of any offence, 
law can be set into motion by any citizen of this country, any citizen of this G 
country can approach even under Section 340 Cr.P.C. For that matter, the 
· wordings of Section 340 Cr.P.C. are significant. The Court will have to act in 
the interest of justice on a complaint or otherwise. Assuming that the 
complaint may have to be made at the instance of a party having an interest in 
the matter, still the Court can take action in the matter otherwise than on a 
complaint, that is, when it has received informa

Excerpt shown. Read the full judgment & AI analysis in Lexace.