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Supreme Court of India 2018-04-03 partly_allowed

Union of India vs State of Maharashtra & Ors

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

The Supreme Court reviewed its earlier March 2018 order clarifying that there is no absolute bar to anticipatory bail in Atrocities Act cases where no prima facie case exists or the complaint is found to be prima facie mala fide. The Court addressed concerns that preliminary inquiry requirements, approval by competent authorities before arrest, and time-bound investigation would delay victim compensation and FIR registration. The Court held that these safeguards against arrest abuse and false implications do not obstruct compensation or FIR registration under other penal provisions, which can proceed independently. The matter was adjourned for written submissions.

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Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Anticipatory Bail Criminal Procedure Police Powers Abuse of Process Preliminary Inquiry

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