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K. MURALI SHANKAR
R. Sagunthala – Appellant
Versus
S. Anandha Krishnan – Respondent
JUDGMENT
(Prayer: Criminal Original Petition has been filed under Section 482 Cr.P.C, to set aside the docket order dated 12.07.2019 passed by the Special Judge for SC/ST (Prevention of Atrocities) Act, II Additional District Judge, Tirunelveli in un-numbered Crl.M.P.No.... of 2019 and to direct the Special Judge for SC/ST (Prevention of Atrocities) Act, II Additional District Judge, Tirunelveli to take the complaint of the petitioner in un-numbered Crl.M.P.No..... of 2019, on the file and proceed further in accordance with law.)
1. This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking orders for setting aside the docket order dated 12.07.2019 passed by the Special Judge for SC/ST (Prevention of Atrocities) Act / II Additional District Judge, Tirunelveli in un-numbered Crl.M.P.No...... of 2019 and to direct the Special Judge for ST/St (Prevention of Atrocities) Act, to take the complaint of the petitioner on file and proceed in accordance with law.
2. The petitioner has filed a private complaint against the respondents herein, on the file of the Court of Judicial Magistrate No.II, Nagercoil. Admittedly, the petitioner was working as a staff under the co
The main legal point established is that a complaint alleging offenses under SC/ST (Prevention of Atrocities) Act was not barred by limitation, and the court directed a fresh enquiry under Section 20....
A prima facie case for commission of offence punishable under Section 3(1)(r) and 3(1)(s) of Act, 1989 and there is no provision of leading pre charge evidence before court of Sessions, no illegality....
The main legal point established in the judgment is that the Special Court under the SC/ST Act has the power to take cognizance of offences directly for the purpose of providing a speedy trial, but i....
The court established that inherent powers under Section 482 of the CrPC can quash proceedings lacking sufficient evidence or motivated by malice.
A complaint dismissed before registration does not bar a subsequent complaint on the same facts, provided it is not dismissed on merit.
Question that the Special Judge can treat the application under Section 156 (3) Cr.P.C. as a complaint case or not? Answer is “No”.
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