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RAJAN ROY, SANJAY KUMAR PACHORI
Gyanendra Maurya @ Gullu – Appellant
Versus
Union of India Thru Secy Ministry Social Justice and Empowerment, New Delhi – Respondent
| Table of Content |
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| 1. petitioner seeks declaration against provisions imposing charge-sheet filing. (Para 2 , 3) |
| 2. interpretation of terms within legal provisions affects charge-sheet requirements. (Para 4 , 6) |
| 3. court affirms provisions permit filing based on evidence, not mandating charge-sheets. (Para 5 , 7 , 19) |
| 4. jurisdiction limitations of exclusive special court regarding firs clarified. (Para 10 , 12 , 18) |
| 5. court notes procedure for lodging fir under rules. (Para 14 , 16) |
| 6. court establishes exclusive jurisdiction for investigation under the act. (Para 25 , 26 , 34) |
| 7. court denies relief for multiple punishments under different provisions. (Para 41 , 42 , 44) |
| 8. dismissal of petition without prejudice to petitioner's rights. (Para 43 , 46) |
JUDGMENT :
Rajan Roy, J.
Heard.
2. The petitioner has sought following reliefs in this petition filed under Article 226 of the Constitution of India:
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 SC/ST Act can take cognizance of offences without prior commitment from a Magistrate and amendments have no retrospective effect unless expressly stated.
The Magistrate has discretion under Section 175(3) of the BNSS to decide whether to register an FIR based on the application, assessing whether a cognizable offense is made out.
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.
Cognizance taken without hearing the accused for added charges under IPC is unsustainable; rights to a fair process must be preserved.
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