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Supreme Court of India 2018-01-05 disposed

Leena Vivek Masal vs State of Maharashtra & Anr

Bench: 2 — Abhay Manohar Sapre

In Brief

Two accused persons appealed against a High Court judgment upholding a Magistrate's order to issue process (summons) in a complaint filed against them under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The Supreme Court held that interim orders issuing process cannot be challenged before an appellate court when the complaint is still pending for final disposal on merits and the accused have full opportunity to defend themselves. The Court directed that the Magistrate decide the complaint impartially, uninfluenced by any observations from the High Court, and expedite the proceedings.

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Criminal Procedure Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 Appellate Jurisdiction Article 136 Interim Orders Magistrate Proceedings

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