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Prathvi Raj Chauhan Vs Union of India UOI and Ors SC20201102201657445COM112002
Prathvi Raj Chauhan Vs Union of India UOI and Ors SC20201102201657445COM112002
Equivalent/Neutral Citation: 2020(213)AIC 80, AIR2020SC 1036, 2020(3)ALD17, 2020 (1) ALD(C rl.) 693 (SC ), 2020 (113) AC C 307, 2021 1
AWC 795SC , 129(2020)C LT801, 2021(3)C rimes28(SC ), 2020(4)C TC 906, 2020 INSC 157, 2020(2)JLJ384, 2020 (2) KHC 423, 2020(1)KLJ718,
2020(1)KLT810, 2020(1)MLJ(C rl)378, 2020(I)OLR419, (2020)4SC C 727, 2020 (6) SC J 449, [2020]2SC R727, (2020)1WBLR(SC )649
JUDGMENT
Arun Mishra, J.
1 . The Petitioners have questioned the provisions inserted by way of carving out
Section 18A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)
Act, 1989 (Act of 1989). Section 18 as well as Section 18A, are reproduced hereunder:
18. Section 438 of the Code not to apply to persons committing an offence
under the Act.--Nothing in Section 438 of the Code shall apply in relation to
any case involving the arrest of any person on an accusation of having
committed an offence under this Act.
Section 18A. (i) For the purpose of this Act,-
(a) preliminary enquiry shall 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.
(ii) The provisions of Section 438 of the Code shall not apply to a case under
this Act, notwithstanding any judgment or order or direction of any Court.
2 . It is submitted that Section 18A has been enacted to nullify the judgment of this
Court in Dr. Subhash Kashinath Mahajan v. The State of Maharashtra and Anr.,
MANU/SC/0275/2018 : (2018) 6 SCC 454, in which following directions were issued: