web analytics

Menu

Skip to content
Shades of Knife
  • Home
  • True Colors of a Vile Wife
  • Need Inspiration?
  • Blog Updates
  • SOK Gallery
  • Vile News Reporter
  • About Me
  • Contact Me

Shades of Knife

True Colors of a Vile Wife

Tag: SC and ST Act

Pardeep Kumar Vs State of Haryana and Anr on 14 May 2020

Posted on January 13, 2021 by ShadesOfKnife

High Court held that the alleged insult happened not in public view but over a phone call, hence FIR and Charge framing is quashed

Therefore, in view of the above, it is evident that the prosecution has failed to make out a prima facie case for commission of offence punishable under Section 3 of SC & ST Act.
Moreover, the basic ingredients of the offence in the FIR are that there must be intentional insult, secondly the insult must be done in a public place within public view, which is not in the present case. Thus, the essential ingredients which must be fulfilled, are not found in the present case. Since these are the penal provisions, the same are to be given a strict construction and if any of the ingredients are found lacking, it would not constitute the offence under the SC/ST Act.
Since no offence under Section 3 of the SC & ST Act is found to be made out, the offence under Section 506 IPC read with Section 34 IPC, which stemmed out of the alleged offence under Section 3 of the SC and ST Act, is also not made out.

Pardeep Kumar Vs State of Haryana and Anr on 14 May 2020
Posted in High Court of Punjab & Haryana Judgment or Order or Notification | Tagged CrPC 482 – FIR Quashed CrPC 482 – Framing Of Charge Quashed Misuse of SC-ST Act Pardeep Kumar Vs State of Haryana and Anr SC and ST Act | Leave a comment

Jaisingh Agarwal and Anr Vs State of Chhattisgarh and Anr on 27 Oct 2020

Posted on January 13, 2021 by ShadesOfKnife

 

From Para 14,

14. On a careful reading of the aforesaid provision, it is quite vivid that the Court of Session can take cognizance of any offence as a Court of original
jurisdiction except as otherwise expressly provided by the Code or by any other law for the time being in force only if the case has been committed to it by a Magistrate.

From Para 28,

28.From the aforesaid pronouncement of law rendered by the Constitution Bench of the Supreme Court, it is quite vivid that under the provisions of the Prevention of Corruption Act, the Special Judge is not prohibited from exercising power and jurisdiction under Section 156(3) of the Code when there is no exclusion of power in respect of the point raised.

hence, from Paras 32 and 33,

32.Thus, from the aforesaid proposition of law rendered by the Supreme Court in A.R. Antulay (supra) and the M.P. High Court in Anand Swaroop Tiwari (supra), it is quite vivid that the Special Court constituted under Section 14 of the Act of 1989 is the criminal court of original jurisdiction and is not governed by Section 193 of the Code, and the Special Court can take cognizance in any of the circumstances referred to in Section 190 of the Code and is governed by Chapters XV & XVI of the Code and such other provisions of the Code which are not inconsistent with the status and functions as Courts of original jurisdiction. Therefore, the Special Courts constituted under the Act of 1989 will also have power and jurisdiction to invoke Section 156(3) of the Code to direct investigation in exercise of power conferred, to the Station House Officer subject to fulfillment of making two prior applications under Section 154(1) and thereafter under Section 154(3) of the Code by the complainant. As such, I do not find any merit in the submission of learned Senior Counsel for the petitioners that the Special Judge under SC & ST Act has no power and jurisdiction to invoke Section 156(3) of the Code and to direct registration of FIR and investigation. Such a submission being meritless and substance-less deserves to be and is accordingly rejected.
33. Having answered question No.1 against the petitioners and in favour of respondent No.2, reverting to the second question whether the learned Special Judge is justified in invoking power and jurisdiction under Section 156(3) of the Code after finding compliance with the provisions contained in subsections (1) & (3) of Section 154 of the Code, it would be necessary to point out here that in order to make a duly constituted application for invoking the jurisdiction of the learned Special Judge under Section 156(3) of the Code, compliance of subsections (1) & (3) of Section 154 of the Code would be absolutely necessary rather it would be sine-qua-non for making the application under Section 156(1) of the Code maintainable.

From Paras 35 and 36,

35.From the focused perusal of Section 154(1) of the Code, it is quite vivid that every information relating to commission of cognizable offence, if given orally to in charge of a police station, shall be reduced to writing by him or under his direction, and be read over to the informant and every such information given in writing or reduced in writing as above-said shall be signed by person giving it and substance thereof shall be entered into book kept by such officer. Subsection (3) of Section 154 of the Code provides the procedure to be followed by informant, if officer in charge of a police station refuses to record the information referred to Section 154(1) of the Code and mandates that substance of such information in writing may be sent by post, to the Superintendent of Police concerned, who if satisfied that such information discloses commission of cognizable offence either investigate himself or direct an officer subordinate to him to investigate in the manner provided by the Code.
36.Their Lordships of the Supreme Court in the matter of Priyanka Srivastava (supra) laid down duty and approach of Magistrate while exercising power under Section 156(3) of the Code and highlighted preconditions to be satisfied to maintain the application under Section 156(3). It has also been held that power under Section 156(3) warrants application of judicial mind and there has to be prior application under Section 154(1) and 154(3) of the Code.

 

Jaisingh Agarwal and Anr Vs State of Chhattisgarh and Anr on 27 Oct 2020
Posted in High Court of Chhattisgarh Judgment or Order or Notification | Tagged 1-Judge Bench Decision Catena of Landmark Judgments CrPC 156(3) - Any Magistrate Empowered u/s 190 May Order Such an Investigation as above-mentioned Jaisingh Agarwal and Anr Vs State of Chhattisgarh and Anr Landmark Case Legal Procedure Explained - Interpretation of Statutes SC and ST Act | Leave a comment

Case laws or Judgments under SC and ST (Prevention of Atrocities) Act 1989

Posted on January 13, 2021 by ShadesOfKnife

A compilation of judgments from various Courts of India in relation to SC and ST (Prevention of Atrocities) Act 1989

  1. Shelbin Vs State of Kerala on 16 February, 2018 (AB in a SC and ST Act case)
  2. Pardeep Kumar Vs State of Haryana and Anr on 14 May 2020 (Charge sheet Quashed; insult not in public view but over a phone call)
  3. Jaisingh Agarwal and Anr Vs State of Chhattisgarh and Anr on 27 Oct 2020 (A complaint u.s 156(3) is maintainable in the Special SC/ST Court)
  4. Hitesh Verma Vs State of Uttarakhand and Anr on 05 Nov 2020
Posted in Assorted Court Judgments or Orders or Notifications | Tagged SC and ST Act Summary Post | Leave a comment

Shelbin Vs State of Kerala on 16 February, 2018

Posted on May 19, 2018 by ShadesOfKnife

Anticipatory bail granted by Kerala High Court for offence under section 324 of IPC

Shelbin Vs State of Kerala on 16 February, 2018
Posted in High Court of Kerala Judgment or Order or Notification | Tagged CrPC 438 - Anticipatory Bail Granted IPC 324 - Voluntarily causing hurt by dangerous weapons or means IPC 438 - Punishment for the mischief described in section 437 committed by fire or explosive substance SC and ST Act Shelbin Vs State of Kerala | Leave a comment

Search within entire Content of “Shades of Knife”

My Legal Twitter Timeline

Tweets by @SandeepPamarati

My MRA Twitter Timeline

Tweets by @Shadesofknife

Recent Posts

  • S.Martin Vs The Deputy Commissioner of Police on 21 Feb 2014 July 5, 2022
  • Gattupalli Ujwal Vs State of Andhra Pradesh and Ors on 30 Oct 2019 July 5, 2022
  • Manoj Kumar Vs State (NCT of Delhi) on 17 Mar 2018 July 5, 2022
  • P.A.Saleem Vs State of Madras on 13 Jul 1994 July 5, 2022
  • Dr.Arpitha K.S Vs Dr.Praveen R on 03 Mar 2022 July 4, 2022

Most Read Posts

  • Jagdish Shrivastava Vs State of Maharashtra on 11 Mar 2022 (1,572 views)
  • Bhagyashri Jagdish Jaiswal Vs Jagdish Sajjanlala Jaiswal and Anr on 26 Feb 2022 (1,508 views)
  • Deepak Sharma Vs State of Haryana on 12 Jan 2022 (842 views)
  • Luckose Zachariah Vs Joseph Joseph on 18 Feb 2022 (838 views)
  • Rajendra Bhagat Vs State of Jharkhand on 03 Jan 2022 (823 views)
  • Ravneet Kaur Vs Prithpal Singh Dhingra on 24 Feb 2022 (756 views)
  • Kahkashan Kausar @ Sonam Vs State of Bihar on 08 Feb 2022 (732 views)
  • Prabha Tyagi Vs Kamlesh Devi on 12 May 2022 (604 views)
  • MS Supreme Bhiwandi Wada Manor Infrastructure Pvt Ltd Vs State of Maharashtra on 26 Jul 2021 (479 views)
  • Mukesh Bansal Vs State of UP and Anr on 13 Jun 2022 (468 views)

Tags

Legal Procedure Explained - Interpretation of Statutes (310)Reportable Judgement or Order (297)Landmark Case (295)2-Judge (Division) Bench Decision (224)Work-In-Progress Article (212)Catena of Landmark Judgments (193)1-Judge Bench Decision (115)Sandeep Pamarati (86)3-Judge (Full) Bench Decision (75)Article 21 - Protection of life and personal liberty (73)Absurd Or After Thought Or Baseless Or False Or General Or Inherently Improbable Or Improved Or UnSpecific Or Omnibus Or Vague Allegations (51)Perjury Under 340 CrPC (51)Reprimands or Setbacks to YCP Govt of Andhra Pradesh (49)Summary Post (46)Issued or Recommended Guidelines or Directions (37)CrPC 482 - Quash (37)Rules of the Act/Ordinance/Notification/Circular (33)Advocate Antics (33)PWDV Act 20 - Maintenance Granted (32)IPC 498a - Not Made Out (32)

Categories

Supreme Court of India Judgment or Order or Notification (603)Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments (295)High Court of Andhra Pradesh Judgment or Order or Notification (153)High Court of Delhi Judgment or Order or Notification (104)High Court of Bombay Judgment or Order or Notification (88)High Court of Karnataka Judgment or Order or Notification (64)General Study Material (55)High Court of Madras Judgment or Order or Notification (51)Assorted Court Judgments or Orders or Notifications (48)Prakasam DV Cases (46)LLB Study Material (45)Judicial Activism (for Public Benefit) (39)High Court of Punjab & Haryana Judgment or Order or Notification (39)High Court of Allahabad Judgment or Order or Notification (35)District or Sessions or Magistrate Court Judgment or Order or Notification (34)High Court of Kerala Judgment or Order or Notification (26)High Court of Gujarat Judgment or Order or Notification (24)High Court of Madhya Pradesh Judgment or Order or Notification (24)High Court of Calcutta Judgment or Order or Notification (18)High Court of Patna Judgment or Order or Notification (15)

Recent Comments

  • ShadesOfKnife on Sirangai Shoba @ Shoba Munnuri Vs Sirangi Muralidhar Rao on 19 October, 2016
  • muralidhar Rao Sirangi on Sirangai Shoba @ Shoba Munnuri Vs Sirangi Muralidhar Rao on 19 October, 2016
  • ShadesOfKnife on J.Shyam Babu Vs The State Of Telangana on 9 February, 2017
  • anuj on J.Shyam Babu Vs The State Of Telangana on 9 February, 2017
  • ShadesOfKnife on Syed Nazim Husain Vs Additional Principal Judge Family Court & Anr on 9 January, 2003

Archives of SoK

  • July 2022 (8)
  • June 2022 (28)
  • May 2022 (23)
  • April 2022 (32)
  • March 2022 (17)
  • February 2022 (6)
  • January 2022 (2)
  • December 2021 (7)
  • November 2021 (7)
  • October 2021 (6)
  • September 2021 (10)
  • August 2021 (31)
  • July 2021 (45)
  • June 2021 (17)
  • May 2021 (17)
  • April 2021 (18)
  • March 2021 (58)
  • February 2021 (14)
  • January 2021 (50)
  • December 2020 (35)
  • November 2020 (68)
  • October 2020 (67)
  • September 2020 (29)
  • August 2020 (41)
  • July 2020 (20)
  • June 2020 (36)
  • May 2020 (40)
  • April 2020 (38)
  • March 2020 (26)
  • February 2020 (43)
  • January 2020 (35)
  • December 2019 (35)
  • November 2019 (4)
  • October 2019 (18)
  • September 2019 (58)
  • August 2019 (33)
  • July 2019 (12)
  • June 2019 (19)
  • May 2019 (5)
  • April 2019 (19)
  • March 2019 (58)
  • February 2019 (11)
  • January 2019 (90)
  • December 2018 (97)
  • November 2018 (43)
  • October 2018 (31)
  • September 2018 (73)
  • August 2018 (47)
  • July 2018 (143)
  • June 2018 (92)
  • May 2018 (102)
  • April 2018 (59)
  • March 2018 (8)

Blogroll

  • Daaman Promoting Harmony 0
  • Fight against Legal Terrorism Fight against Legal Terrorism along with MyNation Foundation 0
  • Good Morning Good Morning News 0
  • Insaaf India Insaaf Awareness Movement 0
  • MyNation Hope Foundation Wiki 0
  • MyNation.net Equality, Justice and Harmony 0
  • Sarvepalli Legal 0
  • Save Indian Family Save Indian Family Movement 0
  • SIF Chandigarh SIF Chandigarh 0
  • The Male Factor The Male Factor 0
  • Vaastav Foundation The Social Reality 0
  • Voice4india Indian Laws, Non-profits, Environment 0
  • Writing Law Writing Law by Ankur 0

RSS Cloudflare Status

  • Configuration Settings Change Delays July 7, 2022
    Jul 7, 03:06 UTCResolved - This incident has been resolved.Jul 7, 02:42 UTCMonitoring - A fix has been implemented and we are monitoring the results.Jul 7, 02:31 UTCInvestigating - Cloudflare is experiencing delays in updating customer settings. This includes general changes to Cloudflare settings, Page Rules, Firewall, DNS, and SSL certificate deployment. This does not […]
  • R2 Storage signup delays July 6, 2022
    Jul 6, 18:47 UTCResolved - This incident has been resolved.Jul 6, 18:34 UTCMonitoring - A fix has been implemented and we are monitoring the results.Jul 6, 18:09 UTCInvestigating - New customers attempting to sign up for R2 Storage may experience delays after they sign up when attempting to perform R2 operations. We have identified the […]
  • Cloudflare Warp and Tunnel Availability Issues July 6, 2022
    Jul 6, 09:19 UTCResolved - This incident has been resolved.Jul 6, 06:31 UTCMonitoring - A fix has been implemented and we are monitoring the results.Jul 6, 04:48 UTCIdentified - Cloudflare has identified root-cause for issues with connectivity through the WARP agent to resources hosted behind Cloudflare Tunnel. A fix is now being deployed.Jul 6, 04:43 […]

RSS List of Spam Server IPs from Project Honeypot

  • 103.18.100.243 | SD July 6, 2022
    Event: Bad Event | Total: 12,059 | First: 2022-04-04 | Last: 2022-07-06
  • 103.18.100.245 | SD July 6, 2022
    Event: Bad Event | Total: 11,991 | First: 2022-04-04 | Last: 2022-07-06
  • 106.12.85.95 | S July 6, 2022
    Event: Bad Event | Total: 18 | First: 2022-04-20 | Last: 2022-07-06
Proudly powered by WordPress
Theme: Flint by Star Verte LLC

Bad Behavior has blocked 772 access attempts in the last 7 days.

pixel