#discharge order

The Himachal Pradesh High Court has ruled that for an offence under Section 3 of the SC/ST Act to proceed, the initial FIR must explicitly contain allegations of casteist slurs or humiliation. Subsequent statements under Section 161 CrPC cannot be used to retrospectively supply this essential element, sharply limiting how prosecutors can bolster SC/ST Act charges after investigation. This sets a strict pleading standard affecting how police draft FIRs and how courts assess prima facie cases.

Karnataka High Court holds that a Special Investigation Team (SIT) formed pursuant to Supreme Court directions is a valid complainant under the CrPC, overturning a discharge order that erroneously demanded a private complaint. The ruling clarifies prosecutorial authority in cases investigated by court-mandated SITs, impacting illegal mining and other high-profile investigations.