1) Supreme Court: Cognizance of offence Against Public Servant under S 4 of SC & ST (Atrocities Act) For Offence Of Neglect Of Duty Cannot Be Taken Without Administrative Enquiry Report
Criminal Appeal No. 349 of 2021
Decided On: 17.05.2024
The State of GNCT of Delhi and Ors. Vs. Praveen Kumar*
Hon'ble Judges/Coram:
M.M. Sundresh and S.V. Bhatti, JJ.
Author: S.V. Bhatti, J.
Citation: MANU/SC/0469/2024.
https://www.lawweb.in/2024/06/supreme-court-cognizance-of-offence.html
2) Bombay HC guidelines regarding video recording of all proceeding under SC & ST (Atrocities Act) including bail application
Criminal Appeal No. 911 of 2019
Decided On: 13.03.2024
Hema Suresh Ahuja and Ors. Vs. The State of Maharashtra and Ors.
Hon'ble Judges/Coram:
D.K. Upadhyaya, C.J. and Sarang V. Kotwal, J.
Author: Sarang V. Kotwal, J.
Citation: MANU/MH/1654/2024.
https://www.lawweb.in/2024/05/bombay-hc-guidelines-regarding-video.html
3) Bombay HC: Person belonging to Scheduled Caste and Scheduled Tribes are entitled to protection in any other part of country, where offence is committed even if he is not recognized in that part
The scope of the Scheduled Castes and the Scheduled Tribes ( Prevention of Atrocities Act), 1989 cannot be restricted to a person belonging to a Scheduled Caste or Scheduled Tribe to the State or Union Territory in which he is declared as Scheduled Caste or Scheduled Tribe only, but he is also entitled to the protection under the Act, in any other part of the country, where the offence is committed, though he is not recognized as Scheduled Caste or Scheduled Tribe in that part.
IN THE HIGH COURT OF BOMBAY
Criminal Appeal Nos. 949 of 2022,
Decided On: 01.09.2023
Sanjay Krushna Katkar Vs. The State of Maharashtra and Ors.
Bench: R.P. Mohite-Dere, Bharati Dangre, N. J. Jamadar
Author: Bharati H. Dangre, J.
Citation: AIR2023Bom317,MANU/MH/3482/2023.
| https://www.lawweb.in/2023/12/bombay-hc-person-belonging-to-scheduled.html |
4) Whether accused should claim bail under POCSO Act or The SC & ST Atrocities Act if there is only passing allegations under POCSO Act in police papers?
7. Apart from a passing reference that there were girls in the procession and they were also video-graphed, there is no other allegation which would prima facie fall within the dragnet of section 12 of the Act, 2012.
8. In the circumstances, it would be appropriate that the applicant prefers an appeal as envisaged by section 14A(4) of the SC and ST Act, 1989.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO.2589 OF 2023
Dinanath Manik Katkar Vs The State of Maharashtra and Another
CORAM : N. J. JAMADAR, J.
DATE : SEPTEMBER 13, 2023.
https://www.lawweb.in/2023/10/whether-accused-should-claim-bail-under.html
5) Whether the court must issue notice to Victim even if accused has not made out ground for releasing him on bail in SC & ST Atrocities Act?
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPEAL NO.513 OF 2023
Kishor Shivdas Shinde Vs The State of Maharashtra,
CORAM: SMT. VIBHA KANKANWADI AND
ABHAY S. WAGHWASE, JJ.
DATE : 21st JULY, 2023
JUDGMENT [PER SMT. VIBHA KANKANWADI, J.]
https://www.lawweb.in/2023/07/whether-court-must-issue-notice-to.html
6) Whether an offence Under SC & ST Atrocities Act is made out if abuses are given on Telephone?
Meaning thereby, those abuses were given on phone. Abuses when given on phone cannot be said to be within the public view or at a public place so as to attract the ingredients of offence punishable under Section 3(1)(r) or 3(1)(s) of the Atrocities Act.
IN THE HIGH COURT OF BOMBAY (AURANGABAD BENCH)
Criminal Appeal No. 858 of 2022
Yogesh Laxman Pandav and Ors. Vs. The State of Maharashtra and Ors.
Hon'ble Judges/Coram:
Vibha Kankanwadi and Abhay S. Waghwase, JJ.
Author: Vibha Kankanwadi, J.
Decided On: 05.01.2023.
MANU/MH/0129/2023,2023 Lawweb (Bom HC ) 6.
https://www.lawweb.in/2023/01/whether-offence-under-sc-st-atrocities.html
7) Whether Proceedings Under SC-ST (Atrocities) Act is Vitiated because Magistrate has taken cognizance of the offence?
It may be noted that in view of insertion of proviso to Section 14 of the Atrocities Act and considering the object and purpose, for which, the proviso to Section 14 of the Atrocities Act has been inserted i.e. for the purpose of providing for speedy trial and the object and purpose stated herein above, it is advisable that the Court so established or specified in exercise of powers Under Section 14, for the purpose of providing for speedy trial directly take cognizance of the offences under the Atrocities Act. But at the same time, as observed herein above, merely on the ground that cognizance of the offences under the Atrocities Act is not taken directly by the Special Court constituted Under Section 14 of the Atrocities Act, the entire criminal proceedings cannot be said to have been vitiated and cannot be quashed and set aside solely on the ground that cognizance has been taken by the learned Magistrate after insertion of second proviso to Section 14 which confers powers upon the Special Court also to directly take cognizance of the offences under the Atrocities Act and thereafter case is committed to the Special Court/Court of Session.
IN THE SUPREME COURT OF INDIA
Criminal Appeal No. 967 of 2021
Decided On: 26.10.2021
Shantaben Bhurabhai Bhuriya Vs. Anand Athabhai Chaudhari and Ors.
Hon'ble Judges/Coram:
M.R. Shah and Aniruddha Bose, JJ.
Author: M.R. Shah, J.
Citation: MANU/SC/0983/2021.
https://www.lawweb.in/2022/10/whether-proceedings-under-sc-st.html
8) Is an offence Under SC & ST Atrocities Act made out against the accused if he has given abuses to the prosecutrix by uttering words regarding her caste?
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 229 OF 2022
Ramrao Kashinath Rathod Vs The State of Maharashtra, through P.I. CBD
CORAM: N. J. JAMADAR, J.
DATED : 26th APRIL, 2022.
https://www.lawweb.in/2022/04/is-offence-under-sc-st-atrocities-act.html
9) Whether court must issue notice to victim in an offence under SC and ST Atrocities Act?
53. We are also not impressed by the argument of Mr.Popat that Section 15A(3) of the Amendment Act should be construed as directory and not mandatory. As is evident from a plain reading of the section quoted above, the victim must be served with notice of the bail application and must be provided an opportunity to be heard and advance argument. When a statute specifically provides a right to the victim/dependent to be heard at any proceedings in respect of bail, and if the court fails to provide such opportunity, then there is an inherent failure of justice. This procedure, in our opinion, cannot be bypassed. The non-compliance of the provision of Section 15A(3) of the Amendment Act would render an order null and void.
Supreme Court
JUSTICE Dr Dhananjaya Y Chandrachud JUSTICE BV Nagarathna
Hariram Bhambhi Vs. Satyanarayan & Anr.
Criminal Appeal No. 1278 of 2021
29th October 2021
Author: Dr Dhananjaya Y Chandrachud, J.
Citation: 2021 ALL SCR (ONLINE) 621.
https://www.lawweb.in/2021/11/whether-court-must-issue-notice-to.html
10) Whether court can release accused prosecuted for an offence under SC & ST (Atrocities) Act on Anticipatory bail if prima facie offence is not made out against him?
However, it is to be noted that in case of Prathvi Raj Chauhan
(supra), it has also been held that, where no prima facie offence is made out as shown in the FIR, in order to prevent miscarriage of justice the statutory bar would not apply.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
CRIMINAL APPEAL NO. 303 OF 2021
Sunil Janrao Padol Vs The State of Maharashtra,
CORAM : VINAY JOSHI . J .
DATE : 16/09/2021.
https://www.lawweb.in/2021/09/whether-court-can-release-accused.html
11) Supreme Court: Court can not grant anticipatory bail in SC &ST Atrocities Act unless no prima facie case is made out against accused
12) Should the court convict the accused for an offence under SC &ST(Atrocities) Act if the prosecution has failed to prove that the accused was aware that the victim belongs to Scheduled Caste?
After a careful scrutiny of the evidence of the “victim” as
well as “father”, there is noting on record to show that accused no.2 was knowing and/or having knowledge that family of the victim belong to Scheduled Caste. Even learned Additional Public Prosecutor for the State could not point out to us that aspect. If that be so, we are of the view that the learned Special Judge ought not to have convicted accused no.2 Nikhil for the penal provisions under the Atrocities Act.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
: NAGPUR BENCH : NAGPUR.
CRIMINAL CONFIRMATION CASE NO. 01 OF 2020
State of Maharashtra, Vs Sagar Vishwanath Borkar,
CORAM : V. M. DESHPANDE and AMIT B. BORKAR, JJ.
Dated: SEPTMEBER 07, 2021
JUDGMENT [Per V. M. Deshpande, J.].
https://www.lawweb.in/2021/09/should-court-convict-accused-for.html
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