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Supreme Court of India 2018-03-20 allowed

Subhash Kashinath Mahajan vs State of Maharashtra and Anr

Bench: 2 — Adarsh Kumar Goel

In Brief

A Director of Technical Education was accused under the SC/ST Atrocities Act based on allegations that he wrongly refused sanction for prosecution of officers. The Supreme Court allowed his appeal and quashed proceedings, holding that the bar against anticipatory bail under Section 18 of the Atrocities Act does not apply when allegations are patently false or lack prima facie case. The Court directed that before arrest in such cases, written permission from appointing authority (for public servants) or Senior Superintendent of Police (for others) must be obtained with recorded reasons. A preliminary inquiry not exceeding 7 days should precede FIR registration to ensure allegations genuinely fall under the Act and are not frivolous or motivated.

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Criminal Procedure Human Rights Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act Arrest and Bail Fundamental Rights Abuse of Legal Process Administrative Law

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