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IN THE HIGH COURT OF JUDICATURE AT PATNA
CHANDRA SHEKHAR JHA
Sunil Kumar @ Sunil Kumar Mahto, S/o. Bishundeo Mahto – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
(CHANDRA SHEKHAR JHA, J.)
Heard Mr. N.K. Agrawal, learned senior counsel duly assisted by Mr. Kumar Praveen, learned counsel for the appellants and Mr. Binay Krishna, learned Special Public Prosecutor for the State.
2. The present appeal has been filed for quashing the cognizance order dated 29.06.2024, as passed by learned Exclusive Special Judge, SC/ST (POA) Act, Begusarai, in connection with SC/ST P.S. Case No. 17 of 2022 registered for the offence under Sections 307 , 323, 342, 436 and 452 of the INDIAN PENAL CODE (in short the ‘I.P.C.’) and Section 3(1)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (hereinafter referred to as the “SC/ST Act”), whereby and whereunder final form has been submitted by the Investigating OfÏcer on 31.12.2022 vide Final Form No. 37/2022 in favour of the appellants, despite of that the learned Judge has been pleased to take cognizance for the offence under Sections 323 , 342, 436 & 34 of the I.P.C. and Section 3(1)(r)(s) of the SC/ST Act against the appellants.
3. As per the case of the prosecution, the complainant, who belongs to dusadh caste, on the alleged date of occurrence, was sleeping with Sikandar Sa
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....
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 allegations under the SC/ST Act require proof of the accused's awareness of the victim's caste, and misuse of the Act for personal vendetta is impermissible.
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.
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 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.
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