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AHSANUDDIN AMANULLAH, K. VINOD CHANDRAN
Amal Kumar – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
K. VINOD CHANDRAN, J.
Leave granted.
2. The appellants arrayed as accused in FIR No.18 of 2022 in Police Station Kanke, Ranchi were before the High Court for quashing of the FIR registered. The High Court, by the impugned judgment refused to quash the FIR, finding that there is a direct and specific allegation against the appellants of having criminally conspired to interfere with the possession of the subject land owned by the informant, which they attempted by fabricating documents. The informant being a member of a scheduled caste was abused using the caste name and together these constitute offences punishable under Sections 3(1)(g) and (s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 19891[for brevity ‘the Act of 1989’]. The appellants’ contention that there was only a civil dispute between the parties, pending in a civil court, was found to be not sufficient to quash the criminal proceedings since it is trite that on the same set of facts there could be a civil dispute and criminal case lodged.
3. Mr. Shoeb Alam, learned Senior Counsel appearing for the appellants submitted that the first appellant had purchased a property from the vend
Insult using caste name – When there is no allegation that casteist slur was made in a place within public view or that there was any member of public present at the spot, no offence is made out unde....
The existence of a civil dispute does not bar criminal proceedings, and allegations in the FIR, if true, prima facie establish offences under the Scheduled Castes and the Scheduled Tribes (Prevention....
Quashing petition under SC/ST Act dismissed as FIR allegations of caste abuse at public place prima facie disclose offences; courts accept averments at face value without evidence appreciation, civil....
Criminal proceedings arising from a genuine civil property dispute, which lack the essential statutory ingredients for the alleged penal offences and are invoked merely to exert pressure, are liable ....
The court upheld the FIR under the SC & ST Act, affirming that allegations of caste-based violence and abuse constituted a prima facie case, rejecting the petitioners' claims of falsehood.
The court ruled that an FIR can only be quashed if the allegations do not constitute a cognizable offence, and the truthfulness of the allegations cannot be determined at the quashing stage.
The court ruled that allegations of caste-based abuse in public view under the SC & ST Act cannot be quashed without trial, emphasizing the need for intent to humiliate linked to caste identity.
An FIR under the SC/ST Act must include specific allegations of caste-based abuse; absence of such allegations can lead to quashing of the FIR.
The court emphasized the importance of not questioning the veracity of the allegations in the FIR and the need to exercise the power of quashing sparingly, based on the specific parameters and circum....
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