Supreme Court · 2019 INSC 1102 · Decided 1 October 2019
Union of India v. State of Maharashtra and ORS.
- Court
- Supreme Court of India
- Citation
- 2019 INSC 1102 · [2019] 12 S.C.R. 1125
- Case number
- CRIMINAL APPEAL No. 228/2018
- Decided
- 1 October 2019
- Bench
- ARUN MISHRA, M.R. SHAH, BHUSHAN RAMKRISHNA GAVAI (3-judge bench)
- Outcome
- Case Allowed
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 482, 2(c), 41, 197, 438; Constitution Article 15, 17, 21, 142; SC/ST Act Section 18
Headnote
Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Supreme Court in Dr. Subhash Kashinath Mahajan v. State of Maharashtra reported as [2018] 4 SCR 877, while dealing with the 1989 Act issued guidelines inter alia viz.- abuse of law of arrest under the 1989 Act, arrest of public servant can only be after approval of the appointing authority and in case of non-public servant after approval by the S.S.P; (iv) preliminary inquiry by Dy.S.P to find out whether allegations make out a case under the 1989 Act
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