The central legal point established is the need for vigilance in registering crimes under stringent statutes and the prevention of abuse of the legal process.

ORDER :

1. The petitioners in both the petitions call in question registration of a crime in Crime No. 202/2022 for the offences punishable under Section 4 (iii) of Protection of Civil Rights Act 1955, Section 3(1)(p), 3(1)(q), 3(1)(r), 3(1)(za)(E), 3(1)(zc), 3(2) (va), 3(2)(vii) of the SC and ST (Prevention of Atrocities) Amendment Act 2015 (for short ‘the Act’) and Section 217 r/w 34 of the IPC, pending on the file of the 2nd Additional District Sessions Court, Dharwad, Hubli-Dharwad.

2. Heard Sri Sunil S. Desai, learned counsel for petitioner in Crl. Pet. No. 103145/2022, Sri Neelendra D. Gunde, learned counsel for petitioner in Crl. Pet. No. 103100/2022 and Sri V.S. Kalasurmath, learned High Court Government Pleader for respondent No. 1-State, in both the petitions. The second respondent – complainant though served, is unrepresented. Therefore, the learned counsel for petitioner and learned High Court Government Pleader are heard.

3. Facts adumbrated in Crl. Pet. No. 103145/2022, are as follows:

The second respondent is the complainant, who was an employee of Raichur Institute of Medical Sciences. Applications were called for the post of Associate Professor by the Dharwad Institute of Mental Health and Neurosciences (for short ‘DIMHANS’) and the second respondent gets selected. He was later promoted as Professor in Raichur Institute of Medical Sciences. On 26.07.2019, the State Government directed the DIMHANS, to take action and pass appropriate orders with regard to several grievances vented out by the complainant. It is thereafter, the second respondent on 16.12.2019, was permanently transferred to DIMHANS. The Institution objected to the permanent transfer of the second respondent and also requested the government to withdraw the transfer. The petitioner who was also in the cadre of Professor and on the score that his career progression would be stalled, filed a writ petition in W.P. No. 117865/2019 before this Court and this Court in terms of the order dated 27.12.2019, grants an interim order of stay of the order, which directs permanent transfer of the second respondent. The government during the pendency of the said petition, withdrew the order of transfer of the second respondent on 17.02.2022. This was called in question by the second respondent in W.P. No. 145149/2020. This Court after hearing both the parties, found that the order impugned did not contain any reason and therefore, directed redoing of the process. Just before the order could be passed, the second respondent registers a crime in crime No. 109/2020, against the petitioner and another, alleging offence punishable under Section 3(1)(zc) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. The police after investigation, file a ‘B’ report.

4. All these happen during the pendency of the proceedings before this Court as afore-quoted. What transpires later is, the government withdraws the order of transfer of the second respondent to DIMHANS on 08.12.2020. This leads the second respondent to register another complaint in crime No. 3/2021 before the Cubbon Park Police Station against one Vijayalakshmi, alleging offence under Section 3(1)(q) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Ordinance, 2014. During the pendency of the aforesaid crimes, the second respondent reaches the doors of the National Commission for Scheduled Castes and Scheduled Tribes, who entertains the petition and issues notice. During the pendency of the proceedings before the Commission, the police on investigation file a second ‘B’ report in crime No. 3/2021 on 22.09.2021. The second respondent withdraws the cases pending before this Court, where he has challenged the withdrawal of the order of transfer. Now, the second respondent wakes up again and files another compliant before the Raichur Market Yard Police Station, which is registered as Crime No. 82/2022. Since the allegations have happened in DIMHANS, this is t