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Criminal · Reportable judgment

P. Surendran vs State by Inspector of Police

Court
Supreme Court of India
Date
29 March 2019
Case No.
SLP (Crl.) No. 1832 of 2019
Result
Disposed
Bench
N.V. Ramana, Mohan M. Shantanagoudar
Citation
[2019] 6 S.C.R. 467 : 2019 INSC 435
Supreme Court Reports [2019] 6 S.C.R. 467 : 2019 INSC 435
Headnote

Bail:

Anticipatory bail – Sought in a case wherein offence u/s. 3(ii) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 was alleged – Initially rejected by District Judge – Later High Court registry refused to number and list the application before the Court and dismissed the application on the ground that offence being under SC/ST Act, the bail application was not maintainable – On appeal, held: The act of numbering a petition is purely administrative – The objections taken by the 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 – 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 such judicial power to answer the maintainability of the petition, when the same was in the realm of the Court – The power of judicial function cannot be delegated to the Registry – The Madras High Court Registry is directed to number the petition and place it before an appropriate Bench.

Jaswant Sugar Mills Ltd., Meerut v. Lakshmichand and Ors. AIR 1963 SC 677 : [1963] Suppl. SCR 242 –

followed.

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

The Order of the Court was passed by N. V. RAMANA, J. 1. This Special Leave Petition has been filed against the impugned order and judgment dated 02.01.2019, in Crl.M.P. No. 5697 of 2018 passed by the Learned Court of. The Principle Sessions Judge of Kancheepuram District at Chengalpattu, Tamil Nadu and the order of the High Court Registry, in not numbering the anticipatory bail petition of the petitioner-accused herein. 2. We need to refer to the basic facts necessary for the disposal of the case at hand. An FIR was filed against the three co-accused (Murugesan, S. M. Ekambaram and Ramaswa
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