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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 order upholding a Magistrate's decision to issue process summons in a complaint filed under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The Supreme Court held that interim orders of a Magistrate finding prima facie cases cannot be interfered with when the complaint remains pending on merits and the accused will have full opportunity to defend themselves. The Court directed the Magistrate to decide the case on its merits, free from any influence by the High Court's observations, and to do so expeditiously.

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Criminal Procedure Constitutional Law SC/ST Atrocities

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