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IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.BADHARUDEEN
Nisha V. Nair W/o Pradeep Kumar – Appellant
Versus
State Of Kerala – Respondent
| Table of Content |
|---|
| 1. challenge to a criminal order (Para 1 , 6) |
| 2. arguments regarding insufficient reasoning (Para 3 , 4 , 5) |
| 3. court's duty in reviewing final reports (Para 7 , 8 , 9) |
JUDGMENT :
A.BADHARUDEEN, J.
Dated this the 4th day of February, 2026 Annexure A16 order dated 18.11.2024 in Crl.M.P.No.2196/2022 on the files of the Special Judge for the trial of offences under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, as amended in 2018 (hereinafter referred to as ‘SC/ST (PoA) Act, 2018’ for short) cases, Nedumangad, is put under challenge by filing this criminal appeal under Section 14A of the SC/ST (PoA) Act, 2018. The sole accused in the above case is the appellant.
2. Heard the learned counsel for the appellant and the learned counsel appearing for the 3rd respondent.
Also heard the learned Public Prosecutor.
3. Even though many grounds are urged in the appeal memorandum to unsustain the order impugned, at the time of argument, the learned counsel for the appellant canvassed the insufficiency of the order passed without any reasons for taking cognizance against the appellant, on finding that the appellant committed offences punishable under Sections
The court emphasized that orders taken cognizance of serious offences must be reasoned to meet justice standards, underscoring constitutional rights involved.
An appeal under the SC/ST (POA) Act can be withdrawn with the court's permission, resulting in dismissal.
Appeal under Section 14-A of Schedule Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 is maintainable against orders passed by Special Court except against interlocutory orders.
The court established that compliance with victim notification rights under the SC/ST (POA) Act is mandatory, and failure to do so invalidates bail orders.
Non-disclosure of community identity prevents cognizance under SC/ST (POA) Act.
The order of taking cognizance of offences and charge-sheet on a printed proforma without the application of judicial mind is illegal and liable to be quashed.
Point of law : Insofar as the powers of the Court with respect to revisional jurisdiction is concerned, we find that the provisions of Section 397 Cr.P.C. stand impliedly excluded by virtue of the sp....
Point of law: Sc ST Act – Interlocutory order - Thus if any intermediate order is passed by Special Court or an exclusive Special Court in case relating to an offence in the S.C./S.T. Act, that will ....
A dismissal of appeal as not pressed occurs when the appellants are confirmed as arrested, impacting their right to challenge the order.
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