Search Results for "Scheduled offence"

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Search Results for "Scheduled offence"

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High Court

Bombay High Court Allows Pre-Arrest Bail in SC/ST Act Case for Alleged Kidnapping to Recover Debt. Court holds that bar under Section 18 of SC/ST Act does not apply when allegations under the Act are not prima facie made out, as dominant intent was recovery of money and victim not a member of SC/ST.

27 Feb 2019

The appellant, Udhav Gyanoba Budhwant, filed an appeal under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) A...

High Court

Bombay High Court Quashes Prior Approval Under MCOC Act Against Mother of Accused for Lack of Continuing Unlawful Activity — Pre-Arrest Bail Granted Despite Section 21(3) Embargo. The court held that a single act of purchasing a car after the crime does not constitute 'continuing unlawful activity' under Section 2(1)(d) of MCOC Act, and Section 21(3) does not bar constitutional remedy under Article 226.

28 Jun 2024

The petitioner, a woman, challenged the prior approval granted under Section 23(1)(a) of the Maharashtra Control of Organised Crime Act, 1999 (MCOC Ac...

High Court

Bombay High Court Allows Default Bail Application Filed Under Section 482 CrPC by Accused in UAPA Case, Holding Extension of Detention and Cognizance by Non-Special Judge Void. Unlawful Extension of Detention Under Section 43-D(2) UAPA and Cognizance by Judge Not Designated Under NIA Act Rendered Proceedings Without Jurisdiction.

1 Dec 2021

The matter arose from an FIR initially registered with Vishrambaug Police Station in connection with the Elgar Parishad programme held on 31st Decembe...

High Court

Bombay High Court Grants Anticipatory Bail to Accused in SC/ST Atrocity Case Due to Lack of Prima Facie Caste-Based Insult in Public View. Boundary Dispute Not Sufficient to Attract Atrocities Act Without Specific Intent to Humiliate Based on Caste.

22 Jul 2022

The appellants, Narayan and Kailas Ghuge, filed a criminal appeal against the order of the Special Judge/Sessions Judge, Parbhani, dated 6 June 2022, ...

High Court

Bombay High Court Grants Pre-Arrest Bail to Accused in SC/ST Act Case for Lack of Prima Facie Intent to Humiliate Based on Caste. The alleged insult was not shown to be on account of the victim's caste, and the incident arose from a personal dispute, not caste animus.

26 Apr 2022

The appellant, Ramrao Kashinath Rathod, filed a criminal appeal under Section 14A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrociti...

High Court

Bombay High Court Allows Pre-Arrest Bail to Appellant in SC/ST Act Case Due to Lack of Prima Facie Intent to Humiliate. Allegations of Caste-Based Insults Under Sections 3(1)(r) and 3(1)(s) of SC & ST (Prevention of Atrocities) Act, 1989 Found to Be an Afterthought in a Property Dispute.

27 Feb 2019

The appellant, Kadubal Govind Gore, filed a criminal appeal under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrociti...

High Court

Bombay High Court Grants Pre-Arrest Bail to Accused in SC/ST Act Case Due to Lack of Prima Facie Intent to Humiliate. Allegations of Outraging Modesty and Trespass Found to be Civil Dispute Over Land, Not Attracting Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

19 Nov 2019

The case involves three criminal appeals filed by Parmeshwar Sitaram Rathod, Ranjit Balbhim Todkari, and Aappa @ Digambar Bhaskar Joshi against the or...

High Court

Bombay High Court Grants Pre-Arrest Bail to Accused in SC/ST Atrocities Case Due to Lack of Prima Facie Intent to Humiliate on Caste Basis. Mere use of caste name without insulting intent does not attract Section 3(1)(r)(s) of SC/ST Act, 1989.

5 Dec 2019

The case arises from an appeal filed by ten accused persons against the order of the Special Court under the Scheduled Castes and Scheduled Tribes (Pr...

High Court

Bombay High Court Grants Pre-Arrest Bail to Accused in SC/ST Act Case Due to Lack of Prima Facie Intent to Insult on Caste Basis. The court held that the bar under Section 18 of the SC/ST Act does not apply when the allegations do not prima facie disclose an offence under Section 3(1)(r)(s) of the Act, as the alleged caste abuses were not made with intent to insult on caste grounds and not in public view.

26 Feb 2019

The appellant, Kiran Madhukar Ingle, filed a criminal appeal under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocit...

High Court

Bombay High Court Dismisses Applications to Quash FIRs Against Public Servants in Caste Certificate Fraud Cases — Sanction Under Section 197 CrPC Not a Ground to Quash FIR at Pre-Cognizance Stage. The court held that the requirement of prior sanction under Section 197 CrPC for prosecution of public servants is a matter to be considered at the time of taking cognizance, not at the FIR stage, and dismissed the applications seeking quashing of FIRs for alleged offences under the SC/ST Act and IPC.

22 Jun 2015

The judgment involves multiple criminal applications filed by public servants seeking quashing of FIRs registered against them for alleged offences un...

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