34
provisions, but subject to any enactment for the time
being in force regulating the manner or place of
investigating, inquiring into, tried or otherwise
dealing with such offences.
23. TOHO being a special Act and the matter relating
to dealing with offences thereunder having been
regulated by reason of the provisions thereof, there
cannot be any manner of doubt whatsoever that the
same shall prevail over the provisions of the Code.”
And again:“27. The provisions of the Code, thus, for all intent
and purport, would apply only to an extent till
conflict arises between the provisions of the Code and
TOHO and as soon as the area of conflict reaches,
TOHO shall prevail over the Code. Ordinarily, thus,
although in terms of the Code, the respondent upon
completion of investigation and upon obtaining
remand of the accused from time to time, was
required to file a police report, it was precluded from
doing so by reason of the provisions contained in
Section 22 of TOHO.”
34.
In view of the aforesaid analysis and the authorities
referred to hereinabove, we are of the considered opinion that
the High Court has fallen into error that though charge has
not been made out under Section 67 of the IT Act, yet the
appellant could be proceeded under Section 292 IPC.
35.
Consequently, the appeal is allowed, the orders passed
by the High Court and the trial court are set aside and the
Page 34