Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 14, 3(2)(V), Indian Penal Code, 1860, Section 302, 147, 148, 149 -- Special Court - Cognizance of offence - Offence u/s 3(2)(V) of SC/ST Act and Ss.302, 147, 148, 149 IPC - Special Court created u/s 14 of SC/ST Act is also conferred with power of Sessions Judge - Even if an offence is found..........
Judicial propriety -- Matter refer to a larger Bench - When there is no conflict between two judgments passed by Constitutional Benches of SC, matter cannot be refer to a larger Bench...........
Criminal Procedure Code, 1973, Section 438, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x), 3(1)(vii) -- Anticipatory bail - Offence u/ss 3(1)(x), 3(1)(vii) SC & ST Act - Petitioner is working as subordinate to complainant and had given a complaint regarding sexual harassment on which inquiry has been ordered - Even, as per..........
Indian Penal Code, 1860, Section 379, 114, Gujarat Prevention of Anti-Social Activities Act, 1985, Section 3(2) -- Detention - Simplicitor registration of FIR/s - By itself cannot have any nexus with the breach of maintenance of public order and authority cannot have recourse under Gujarat Prevention of Anti Social Activities Act - Moreover, no other relevant and cogent..........
Criminal Procedure Code, 1973, Section 438, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18, 18A, 3 -- Anticipatory bail - Bar contained u/ss 18, 18-A of SC/ST Act - Offence u/s 3 of the Act - Allegations made in FIR directly attributed to petitioner - Matter is under investigation and not completed yet - Custodial interrogation is..........
Indian Penal Code, 1860, Section 323, 342, 147, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(s), Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Offence u/ss 323, 342, 147 IPC and S.3(1)(s) of SC/ST Act - Dispute arose between parties due to some misunderstanding which is now settled amicably and same has been..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r), 3(1)(s) -- Offence u/ss.3(1)(r), 3(1)(s) of SC/ST Act - Incident took place inside hall of a building in which office of a private limited company was functioning - Prosecution cited two witnesses who have allegedly seen the incident - Whether they are friends or relatives of..........
Indian Penal Code, 1860, Section 302, 404, 34, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Offence u/ss 302, 404, 34 IPC and S.3(2)(v) of SC/ST Act - When the offence complained are both under IPC and SC/ST Act and charges under IPC is framed after investigation is conducted by a competent police officer in accordance with..........
Service -- Retrial benefits - Promotion to Rank of IG of Police - Appellant continued to work pursuant to order of promotion that was granted to him to the rank of IG until he was reverted to rank of DIG - However, order of reversion stayed during pendency of proceedings before High Court - Appellant again as a result of interim order of SC continued to work as an IG rank..........
Indian Penal Code, 1860, Section 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3 -- Offence u/s 506 IPC and S.3 of SC/ST Act - Quashing of FIR - FIR in question is counter blast of earlier FIR filed by petitioner against one `D' for molestation and complainant in present case is peon working in office of said `D' - Present FIR is..........
