Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(10) -- Offence u/s 3(1)(10) of SC/ST Act - Investigation of crime under the Act should be carried by Officer not less than Officer rank of Dy.S.P - Since I.O has admitted that he was not Dy.S.P at the relevant time, accused rightly acquitted...........
Indian Penal Code, 1860, Section 504, 506(2), 114, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(10) -- Offence u/ss 504, 506(2), 114 IPC and S.3(1)(10) of SC/ST Act - Panch witness turned hostile and not supported case of prosecution - Complainant stated that he was not able to identify his application given to police -..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18, 18A -- Anticipatory bail - There is no absolute bar in entertaining an application for anticipatory bail in cases alleging commission of offences under SC/ST Act, if prosecution allegations do not constitute any offence under SC/ST Act - Court has power to grant anticipatory bail if..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(va), Indian Penal Code, 1860, Section 506 -- Offence u/s 3(2)(va) of SC/ST Act - S.506 IPC is an offence included in Schedule of the SC/ST Act, therefore, commission of offence u/s 506 IPC would attract an offence u/s 3(2)(va) of SC/ST Act...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18, 18A, 3(2)(va) -- Anticipatory bail - Offence u/s 3(2)(va) of SC/ST Act - Prime facie commission of offence u/s 3(2)(va) of the Act is made out - Ss.18, 18-A of the Act thus, apply and therefore anticipatory bail cannot be granted...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Offence under SC/ST - Compromise - FIR can be quashed when compromise is made with free will...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v), Indian Penal Code, 1860, Section 341, 323, 427, 34 -- Offence u/s 3(2)(v) of SC/ST Act and Ss.341, 323, 427, 34 IPC - Compromise - Incident took place out of sudden scuffle between parties - Compromise executed between parties without any undue influence - FIR quashed in face of..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18, 18A, 14A, Criminal Procedure Code, 1973, Section 438 -- Application for anticipatory bail in an offence under SC/ST Act - Application can only be filed before Special Court and Exclusive Special Court, as the case may be and not before High Court - High Court thus, neither has..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18, 18A, 14A, Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail in an offence under SC/ST Act - Special Court while dealing with an application for anticipatory bail must first ascertain whether a prima facie case for an offence punishable under the Act is made out - If prima..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 14A, 18, 18A, Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail in an offence under SC/ST Act - Order granting or rejecting anticipatory bail is subject to appellate jurisdiction of High Court u/s 14-A of the Act...........
