9911796707
TMI Blog2019 (3) TMI 2058X X X X Extracts X X X X X X X X Extracts X X X X ..... onsidering the proposal, opposition and then arriving at a decision upon the same on consideration of facts and circumstances according to the Rules of reason and justice. The act of numbering a petition is purely administrative. The objections taken by the Madras High Court Registry on the aspect of maintainability requires judicial application of mind by utilizing appropriate judicial standard. Moreover, the wordings of Section 18A of the SC/ST Act itself indicates at application of judicial mind. In this context, the statement of the Attorney General is accepted, that the determination in this case is a judicial function and the High Court Registry could not have rejected the numbering. The High Court Registry could not have exercised su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t subsequently Offence Under Section 3(ii) of the Scheduled castes and the Scheduled Tribes (prevention of atrocities) Act, 1989 ['SC/ST Act'] was also added. Further it is to be noted that the Petitioner herein was later arrayed as an Accused by the police. In view of apprehension of arrest, the Petitioner filed an Anticipatory Bail Application being Crl. M.P. No. 5697 of 2018, before the Learned Court of The Principal Sessions Judge of Kancheepuram at Chengalpattu. 3. The District Principal Judge by an Order dated 02.01.2019, dismissed the anticipatory bail application of the Petitioner. Aggrieved by the same, Petitioner approached the High Court of Madras seeking anticipatory bail, but the Registry of the High Court refused to nu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... maintainability. 7. Recently, the Government amended the SC/ST Act, through The Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2018 No. 27 of 2018, wherein a new provision being Section 18-A was inserted, which reads as under- 18A. (1) For the purposes of this Act,-- (a) preliminary enquiry shall not be required for registration of a First Information Report against any person; or (b) the investigating officer shall not require approval for the arrest, if necessary, of any person, against whom an accusation of having committed an offence under this Act has been made and no procedure other than that provided under this Act or the Code shall apply. ( 2) The provisions of Section 438 of the Code shall not a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lares rights or imposes upon parties obligations affecting their civil rights; and (3) that the investigation is subject to certain procedural attributes contemplating an opportunity of presenting its case to a party, ascertainment of facts by means of evidence if a dispute be on questions of fact, and if the dispute be on question of law on the presentation of legal argument, and a decision resulting in the disposal of the matter on findings based upon those questions of law and fact. (emphasis added) The act of numbering a petition is purely administrative. The objections taken by the Madras High Court Registry on the aspect of maintainability requires judicial application of mind by utilizing appropriate judicial standard. Moreover, the ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
