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Supreme Court of India 2019-03-29 disposed

P. SURENDRAN vs STATE BY INSPECTOR OF POLICE

Bench: 2 — N. V. Ramana, Mohan M. Shantanagoudar

In Brief

The petitioner challenged the Madras High Court Registry's refusal to number an anticipatory bail petition seeking protection from arrest in a case involving alleged offences under the IPC and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The Registry had rejected the petition on grounds of maintainability without referring it to the Court. The Supreme Court held that determining maintainability is a judicial function, not an administrative one, and cannot be performed by the Registry alone. The Court directed the Registry to number the petition and place it before an appropriate bench for adjudication, while reserving all questions on the merits and the validity of Section 18A of the SC/ST Act for the High Court's consideration."

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Criminal Procedure Anticipatory Bail High Court Registry Judicial vs Administrative Function SC/ST Act Atrocities Prevention

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