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HIGH COURT FOR THE STATE OF TELANGANA
SURESH KUMAR KAIT, J
BODA RAKESH NAIK – Appellant
Versus
THE STATE OF TELANGANA, REPRESENTED BY ITS PUBLIC PROSECUTOR AND TWO OTHERS – Respondent
| Table of Content |
|---|
| 1. allegations under sc/st act and registration of fir. (Para 1 , 2) |
| 2. discussion on jurisdiction under the amendment act. (Para 6) |
| 3. clarification on special court's powers. (Para 13) |
| 4. finding on original jurisdiction of special court. (Para 14) |
| 5. final decision on appeal. (Para 16 , 17 , 18) |
JUDGMENT
2. Accordingly, the I Additional Judicial First Class Magistrate, Warangal committed the case to the court of sessions under Section 209 of Cr.P.C. and the case is numbered as S.S.C.No.54 of 2012 on the file of Special Sessions Judge for SC/ST (POA) Act cases cum VII Additional District and Sessions Judge, Warangal. The stage of the case is that the schedule for the trail has been fixed.
4. Section 14(1) of Amendment Act, 2015 empowers the Special Court to directly take cognizance of offences under the Act. When the case matured for trial, the de facto complainant filed S.R. Nos.341 and 342 of 2016 in SC.No.54 of 2012 under Section 4(1) and (2) of the Amendment Act of 2015 seeking administrative enquiry against the 2nd investigating officer i.e., Dr.P.Lavanya Naik Jadav, SDPO, on the grounds that she has omitted the offences under the IPC. As alleged by complainant, wit
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