In Brief
A former legislator and his associate challenged criminal proceedings under the Atrocities Act, arguing the case was politically motivated and that only a Special Court could take cognizance of such offences. The Supreme Court held that while political vendetta existed, the complaint disclosed a prima facie offence under the Atrocities Act. The Court held that a Magistrate may take cognizance and commit such cases to Special Courts without vitiating proceedings, as the second proviso to Section 14 grants Special Courts additional power to directly take cognizance, not exclusive jurisdiction. Criminal proceedings cannot be quashed merely due to political vendetta; such interference is only justified when allegations are patently frivolous or disclose no offence. The petition was dismissed.
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