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CHANDRA SHEKHAR JHA
Dhirendra Kumar Dhiraj @ Dheeraj Yadav, Son of of Mishrai Lal Yadav – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
(Chandra Shekhar Jha, J.)
The present memo of appeal is being preferred challenging the order dated 24.05.2019 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Act, Darbhanga in G.R. Case No.13 of 2017 arising out of Raiyam P.S. Case No.8 of 2017, whereby and whereunder the learned Special Judge by taking different view from the police report, took cognizance against the appellants and issued process for facing trial for the offences under Sections 147, 148, 149, 447, 448, 341, 323, 354-B, 386, 427, 504, 506 of the Indian Penal Code (for short ‘IPC’) and Section 3(1)(r)s) of the SC and ST Act.
2. The brief facts of this case as speaks through written information of Shivan Chaupal (informant) that on 10.03.2017 at about 9.00 a.m. while he was sitting at his Darwaja (outer courtyard), Mishri Lal Yadav (appellant No.3) and his son Dheeraj Yadav (appellant no.1) along with 100-150 people started ploughing his residential land by using tractor. When the aforesaid act of appellants was protested by informant, Mishri Lal Yadav and his son ordered to their people that some treatment is required to informant, as he is trying to become a leader by referring the
Cognizance under the SC/ST Act was quashed as the allegations arose from a land dispute, not atrocities as defined by the Act, while the cognizance for IPC offences was upheld based on prima facie ev....
The SC/ST Act should not be invoked for civil disputes, and criminal proceedings must not be misused for personal vendettas.
The court emphasized that criminal proceedings must be quashed if they lack prima facie evidence, preventing abuse of the judicial process.
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 court established that mere allegations of caste-based insults are insufficient to invoke the SC/ST Act unless there is clear evidence of intent to humiliate based on caste and that the incident ....
The court ruled that for an offence under the SC/ST Act, abuse must occur in public view, which was not established, leading to quashing of proceedings.
The judgment established the principle that for an offence under the SC/ST Act, insults or intimidations must be targeted at the victim because of their scheduled caste or tribe status, and the conte....
Cognizance under the SC/ST Act cannot be sustained if the informant is not a member of Scheduled Caste or if the involvement is merely circumstantial related to civil disputes.
The court reaffirmed that a cognizance order can be quashed if it lacks substantial basis and if allegations raised do not prima facie constitute an offence, highlighting the misuse of protective leg....
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