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Supreme Court of India

Dr. Subhash Kashinath Mahajan v. The State of Maharashtra and Anr.

Neutral citation
Reported as [2018] 4 S.C.R. 877
Bench Adarsh Kumar Goel and Uday Umesh Lalit JJ.
Decided 20 March 2018

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

9 Supreme Court benches have cited this judgment.

What the Court ordered

Conclusions are as follows: i) Proceedings in the present case are clear abuse of process of court and are quashed. ii) There is no absolute bar against grant of anticipatory bail in cases under the Atrocities Act if no prima facie case is made out or where on judicial scrutiny the complaint is found to be prima facie mala fide.

Judgment, page 77

From the headnote

The Scheduled Castes and the Scheduled Tribes (Preventio n of Atrocities) Act, 1989 – s.18 – Exclusion of antic ipatory bail, in cases of false implications – Procedural safeguards – Respondent no.2-complainant, a govt. employee belonging to Schedul ed Caste, lodged FIR in 2006 against his two senior officers (non-Sche duled Caste) when they made adverse entry in his Annual onfidential Report – Sanction to proceed against the said two senior officers, refused by appellant in 2011 – Present FIR lodged by respondent no.2 against the appellant in 2016 – Appellant sought quashing of proceedings,

Authorities it was built on

Where later benches applied it

Of those, 1 relied on · 7 referred to · 1 mentioned

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