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2019 Supreme(SC) 1085

ARUN MISHRA, M.R.SHAH, B.R.GAVAI
Union of India – Appellant
Versus
State Of Maharashtra – Respondent


Advocates Appeared:
For the parties :K. Paari Vendhan, Nilesh Ukey, Sabarish Subramanian, Prabu Ramasubramanian, Y. William Vinoth Kumar, Vishnu Unnikrishnan,Adv. Ms. Disha Wadekar, Paras Nath Singh, Raj Bahadur Yadav, Shekhar Kumar, Sravan Kumar, D. Mahesh Babu, Raj Kamal, Guntur Prabhakar, Mahfooz Nazki, Polanki Gowtham, Arvind Anand, Shivendra Singh, Siddharth, Nachiketa Joshi, Manoj Gorkela,Adv. Ms. Hemlata Kharayat, Sandeep Kumar Singh, Ram Shrivastava, Rameshwar Prasad Goyal, M.Y. Deshmukh,Adv. Ms. Manjeet Kirpal, P.V. Saravana Raja, Sadashiv, V.P. Singh,Adv. Ms. Geeta Chauhan,Adv. Ms. Pratima Rani,Adv. Ms. Richa Singh,Adv. Ms. Surekha Srivastava, K. N. Rai, Debasis Misra, Dr. K.S. Chauhan, Ajit Kumar Ekka, Ravi Prakash, Chand Kiran, R.S.M. Kalky, S.P. Singh, Advocates

JUDGMENT :

ARUN MISHRA, J.

1. The Union of India has filed the instant petition for review of the judgment and order dated 20.3.2018 passed by this Court in Criminal Appeal No.416 of 2018. This Court while dealing with the provisions of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short ‘the Act of 1989’) has issued guidelines in paragraph 83 of the judgment, which are extracted hereunder:

“83. Our conclusions are as follows:

(i) Proceedings in the present case are clear abuse of process of court and are quashed.

(ii) There is no absolute bar against grant of anticipatory bail in cases under the Atrocities Act if no prima facie case is made out or where on judicial scrutiny the complaint is found to be prima facie mala fide. We approve the view taken and approach of the Gujarat High Court in Pankaj D Suthar (supra) and Dr. N.T. Desai (supra) and clarify the judgments of this Court in Balothia (supra) and Manju Devi (supra);

(iii) In view of acknowledged abuse of law of arrest in cases under the Atrocities Act, arrest of a public servant can only be after approval of the appointing authority and of a nonpublic servant after approval by the S.S.P. whi

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