The court reiterated the necessity for thorough consideration of all reports in discharge petitions under SC/ST Act, mandating a re-evaluation by the Special Court.

JUDGMENT

Dated this the 23^rd day of February, 2026 Order dated 28.02.2025 in Crl.M.P.No.2987/2022, in a petition filed seeking discharge at the instance of the 3^rd accused in S.C.No.879/2017 on the files of the Special Court for trial of offences under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, is put under challenge.

2. Heard the learned counsel for the appellant and the learned Public Prosecutor in extenso. Perused the order under challenge.

3. According to the learned counsel for the appellant, the Special Court failed to consider both reports while considering plea of discharge at the instance of the appellant. Whereas the learned Public Prosecutor would submit that in both the reports, the appellant’s role has been stated and he remains as an accused.

4. On perusal of the order impugned, the same does not depict application of mind by adverting to the two reports filed by the investigating officer. Even though it is reported by the learned Special Judge that she had considered both reports, as per letter dated 21.02.2026, the order impugned does not specifically reveal so. Therefore, this criminal appeal is allowed and the order impugned is set aside. The matter is remanded to the Special Court, for consideration of the discharge plea afresh, based on both reports, and to pass orders as per law after serving copies of both reports to the appellant/3^rd accused, if not already served.

A decision on the discharge petition shall be taken within three months from the date of receipt or production of a copy of this judgment.

Registry is directed to forward a copy of this judgment to the Special Court forthwith.

Sd/-