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    <title>2020 (2) TMI 1705 - Supreme Court</title>
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    <description>Section 18A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 was examined against Articles 14, 15, 17 and 21, and the statutory exclusion of anticipatory bail was treated as a justified special measure to protect victims from intimidation. The amendment was upheld, and the Court noted that preliminary enquiry is not generally required where a cognizable offence is disclosed, though inherent jurisdiction under Section 482 of the Code of Criminal Procedure remains available in exceptional cases where no prima facie offence is made out. Requiring approval of the appointing authority or SSP before arrest, and related Magistrate scrutiny, had no statutory basis and could not stand.</description>
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    <pubDate>Mon, 10 Feb 2020 00:00:00 +0530</pubDate>
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      <title>2020 (2) TMI 1705 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=309687</link>
      <description>Section 18A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 was examined against Articles 14, 15, 17 and 21, and the statutory exclusion of anticipatory bail was treated as a justified special measure to protect victims from intimidation. The amendment was upheld, and the Court noted that preliminary enquiry is not generally required where a cognizable offence is disclosed, though inherent jurisdiction under Section 482 of the Code of Criminal Procedure remains available in exceptional cases where no prima facie offence is made out. Requiring approval of the appointing authority or SSP before arrest, and related Magistrate scrutiny, had no statutory basis and could not stand.</description>
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      <pubDate>Mon, 10 Feb 2020 00:00:00 +0530</pubDate>
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