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may 2009

Supreme Court of India · 2009-05-08

State Of Punjab vs Hardial Singh & Ors

Citation / case number
AIR 2010 SC (SUPP) 838
Court
Supreme Court of India
Petitioner
State Of Punjab
Respondent
Hardial Singh & Ors
Author
Arijit Pasayat
Bench
Asok Kumar Ganguly, Arijit Pasayat

Judgment text excerpt

The Supreme Court held that the investigation into offences under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 must comply with Rule 7 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995, which mandates that only a Deputy Superintendent of Police or higher can investigate such cases. The Court found that the High Court's order to drop charges under various IPC sections was confusing, but clarified that the investigation into IPC offences was valid. The appeal was allowed, affirming that the State can authorize investigations as per the prescribed rules for offences under the Act while maintaining the validity of IPC investigations.

State Of Punjab vs Hardial Singh & Ors · Niyam