Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1989-Sections 2(1)(d) and 14 Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989-Sections 2(1)(d); 14--Special Court-Specification of-Held: it is for trial of the offences under the Act that a particular Court of Session in each district is sought to be specified as a Special Court-Offences-Cognizance of-Held, a Special Court can take cognizance of the offence only when the case is committed to it by the Magistrate in accordance with the provisions of the Code of Criminal Procedure-A particular Court of Session, even after being specified as a Special Court, continues to be essentially a Court of Session and the interdict imposed by Section 193 of the Code of Criminal Procedure on all Courts of Session against taking cognizance of any offence as a Court of original jurisdiction would be applicable-Hence, a complaint or a charge sheet could not straightway be laid before the Special Court-Unless there is express provision to the contrary in any other law, the provisions of the Code will apply and interdict contained in Section 193 of the Code cannot be circumvented-Code of Criminal Procedure, 1973-Sections 2(g); 4(2); 5; 6 and 193.Direction by the High Court to the Special Court to frame charges after committal of the case-Permissibility of-Held, after committal of a case to a Special Court, it is for that Court to decide regarding the action to be taken next after hearing both sides and no direction can be given to it by the High Court at that stage-Code of Criminal Procedure, 1973-Section 227. |
Judge | Hon'ble Mr. Justice K.T. Thomas |
Neutral Citation | 2000 INSC 37 |
Petitioner | Gangula Ashok And Anr. |
Respondent | State Of Andhra Pradesh |
SCR | [2000] 1 S.C.R. 468 |
Judgement Date | 2000-01-28 |
Case Number | 94 |
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