SCST--Taking of Cognizance--Special Court Must Pass Reasoned Order When Taking Cognizance Under SCST Act After Police Refer Report
When the investigating officer files a refer report recommending closure of proceedings under the SCST (Prevention of Atrocities) Act, the Special Court must either accept or reject the report or direct further investigation, before proceeding on a protest complaint. A cryptic order merely stating that a prima facie case exists, without addressing the refer report or disclosing materials relied upon, is legally unsustainable.
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