Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18, 3, Criminal Procedure Code, 1973, Section 438 -- Offence u/s 3(1)(w)(ii) of the Act - Anticipatory bail - When prima facie offences in question are not attracted, there is no question of bar u/s 18 of SC/ST Act - Anticipatory bail granted...........
Criminal Procedure Code, 1973, Section 482, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(v), 3(1)(va) -- Quashing of proceedings - Offence u/s 3(1)(v) & (va) of SC/ST Act - Private dispute between parties was going on with respect to illegal construction - No allegation in complaint that complainant is obstructed or interfered..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x) -- Offence u/s 3(1)(x) of SC/ST Act - By taking caste name and utterances of abuse by taking name of one's caste would not be an offence u/s 3(1)(x) of SC/ST Act unless intention is to insult, intimidate the person being a SC or ST...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x) -- Offence u/s 3(1)(x) of SC/ST Act - Informant was abused at a public place or may be within public view by taking his caste name - But it was a pure and simple abuse in a sudden outburst and on spur of moment without carrying requisite intention to insult, intimidate and to..........
Protection of Children from Sexual Offences Act, 2012, Section 42A, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 20, Criminal Procedure Code, 1973, Section 439 -- Bail - Offence committed both under POCSO Act and SC/ST Act - Provisions of POCSO Act will prevail over SC/ST Act in the case of bail - Accused to take recourse to the..........
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...........
