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M. R. SHAH, KRISHNA MURARI
B. Venkateswaran – Appellant
Versus
P. Bakthavatchalam – Respondent
JUDGMENT
M.R. Shah, J.
1. Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the High Court of judicature at Madras in Criminal (OP) No.33505 of 2019, by which, the High Court has dismissed the said petition under Section 482 of the Code of Criminal Procedure and has refused to quash the criminal proceedings initiated by the private respondent herein, initiated against the petitioners for the offence under Sections 3(1)(v) and (va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, the accused have preferred present appeal.
2. That the private respondent herein has filed a private complaint under Section 200 of the Code of Criminal Procedure in the Court of learned Metropolitan Magistrate, Egmore, Chennai for alleged offence under Sections 3(1)(v) and (va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 alleging inter alia that the petitioners herein – original accused have conspired and unlawfully encroached the pathway adjacent to his house and started to construct temple. It was alleged that the said temple was built up on the complainant water pipeline, Sewage Pipeline and EB c
Civil dispute between parties cannot be converted into criminal proceedings.
The court ruled that allegations under the SC/ST Act must demonstrate intent to humiliate based on caste, and the second proviso of Section 14-A(3) was struck down as unconstitutional.
The judgment establishes the principle that when appeal is specifically provided for in a particular act against orders other than interlocutory, the inherent power under Section 482 Cr.P.C. cannot b....
Disputed facts should be decided in trial, and criminal complaints cannot be quashed solely on the ground that the allegations are civil in nature.
Criminal proceedings under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act cannot arise from a private civil dispute without sufficient evidence of caste-based intent in the ....
(1) Offence under SC/ST Act, 1989 can be quashed on the ground of compromise between parties.(2) Powers of Apex Court under Article 142 can be invoked to quash a criminal proceeding on the basis of a....
The court can quash criminal proceedings under Article 142 if the allegations do not constitute an offence and are primarily private in nature, especially in cases involving caste-based claims.
The court quashed proceedings against petitioners as allegations did not constitute an offence under the SC/ST Act, emphasizing the need for prima facie grounds for prosecution.
The main legal point established in the judgment is that the essential ingredients of the offences under the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, including intentional....
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