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N. SATHISH KUMAR
State Represented by The Assistant Commissioner of Police, Chennai – Appellant
Versus
S. Sugumar – Respondent
JUDGMENT
(Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C.to set aside the order passed by the learned Principal Sessions Judge, Chennai in Crl.M.P. No.654 of 2021 dated 20.01.2021.)
1. This Criminal Original Petition has been filed to set aside the order passed by the learned Principal Sessions Judge, Chennai, directing a report from the Commissioner of Police relating to the complaint dated 17.05.2019 is just and reasonable for filing a status or final report on the complaint within two months.
2.a. Originally a complaint has been filed before the Principal Sessions Judge, Chennai, who is also holding the power under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1959 (hereinafter referred to as SC/ST Act), to direct the competent authority first Respondent to register and investigate the complaint of the Petitioner/Respondent herein dated 17.05.2019 in accordance with law and direct them to file a Final Report under SC/ST Act. The said Petition was filed for mere direction. The crux of the allegation in that petition and affidavit to the effect that the Respondent said to be a practicing advocate and he is campaigning the cause of
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 Special Court under the SC/ST Act can take cognizance of offences without prior commitment from a Magistrate and amendments have no retrospective effect unless expressly stated.
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”.
The Special Judge established under the Act has the power to treat the application under Section 156(3) Cr.P.C. as a complaint, contrary to the previous decision in Soni Devi case.
The Special Court under the Scheduled Castes and Scheduled Tribes Act cannot take direct cognizance of offences under the IPC without prior committal by a Magistrate, aligning with the hierarchy of c....
The Special Court under the Scheduled Castes and Scheduled Tribes Act can directly invoke Section 156(3) of the CrPC for registration of FIRs if preconditions of Sections 154(1) and 154(3) are met.
The main legal point established in the judgment is that the Special Court had the jurisdiction to take cognizance of the offences and summon the petitioner without a committal order by the Magistrat....
The court ruled that an FIR against a public servant cannot be issued without a preliminary enquiry, which must establish a basis for such action and is mandated by the SC/ST Act.
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