The Madras High Court has held that a proposed accused cannot challenge an order directing investigation before a court takes cognizance or issues summons.
Justice S. Karthikeyan dismissed two applications filed by a police inspector seeking to appeal orders of a special court under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The inspector also sought condonation of a 317-day delay.
The court ruled on 6 October that a person who has not yet been summoned is not an “aggrieved person” entitled to appeal under Section 14A of the Act. It agreed with earlier High Court authority that a prospective accused has no standing at the pre-cognizance stage to attack an investigation direction under the criminal procedure law.
Because the appeals were not maintainable, there was no basis to condone the delay. The court nevertheless left the applicant free to pursue any legally available remedy before the proper forum.