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january 2000

Supreme Court of India · 2000-01-28

GANGULA ASHOK vs STATE REP.BY PUBLIC PROSECUTOR, A.P.

Citation / case number
SC 1999/18051
Court
Supreme Court of India
Petitioner
GANGULA ASHOK
Respondent
STATE REP.BY PUBLIC PROSECUTOR, A.P.
Bench
K.T. THOMAS & M.B.SHAH

Judgment text excerpt

The Supreme Court held that a Special Court under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 cannot take cognizance of an offence unless the case has been committed to it by a Magistrate, as per Section 193 of the Code of Criminal Procedure. The Court affirmed the High Court's decision that the procedure followed by the investigating officer was not in accordance with law, leading to the quashing of the charge framed against the appellants. Consequently, the charge-sheet was directed to be returned to the police for proper committal to the Special Court.

GANGULA ASHOK vs STATE REP.BY PUBLIC PROSECUTOR, A.P. · Niyam