The court ruled that disputes over property do not invoke the protections of the SC/ST Act unless a clear prima facie case of caste-based atrocity exists.

JUDGMENT :

(CHANDRA SHEKHAR JHA, J.)

1. Heard learned counsel for the appellant and learned Special P.P for the State.

2. The appellant has preferred the present appeal under Section 14A(1) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (for short ‘the Act’) against the order dated 06.03.2024 passed by the learned Exclusive Special Judge (SC/ST), Patna in Complaint Case No. 78(c) of 2023 whereby and whereunder the learned trial court refused to take cognizance against accused persons/respondent nos. 2-8.

3. The brief fact of this case as it appears from the complaint as lodged by appellant is that he was working as a peon with Shri Braj Kishore Smarak Pratishthan (in short ‘S.B.K.S.P’), where he resides alongwith his family on rent. On 19.09.2023 respondents/accused persons all of the sudden surrounded the building with the help of the co-workers and also alongwith local police. It is alleged further that all the accused persons/respondents are working for the Bihar Vidyapith which is adjacent to the building where the present occurrence took place, due to land dispute, pending between both organization, for which a Title Suit No. 76/2020 is also pending before the Court. It is alleged that the present occurrence took place in order to evict the appellant from aforesaid premises of S.B.K.S.P. The aforesaid incident of forceful eviction was made without issuing any Court notice in this regard and when appellant asked for Court’s notice the accused/respondent no. 2, namely, Vijay Prakash used derogatory words and passed racial remarks against appellant, where accused/respondent no. 3, namely, Rana Awadhesh threatened appellant to kill and also used abusive language. It is further alleged that even SHO of the locality was also present there who also used vulgar language for the appellant. Upon hearing the outcry of the appellant, one Yugeshwar Mahto a co-staff of the appellant along with appellant’s daughter Varsha Kumari and wife Guriya Devi and also some nearby persons, who happened to be there as a visitor gathered over there and in front of all, the accused/respondent no. 4 namely, Awdhesh K.Narayan, respondent no. 6 namely, Pramod Karn and respondent no. 7 namely, Pramod Kumar caught hold of the appellant’s arm and collar and used derogatory words and racial abuse. They also slapped appellant on his face. It is alleged that the respondent no.5, namely, Vivek Ranjan beaten appellant and abused him. The other accused, namely, Pramod Kumar pushed the appellant’s wife by her chest, when she came to rescue her husband. Meanwhile, crowd started to acquire a larger shape, consequently, all the accused persons/respondents left the place and threatened the appellant to leave the place within two days. It appears from perusal of record that the occurrence took place on 19.09.2023, whereas the complaint case was lodged before the learned Exclusive Special Judge (SC/ST), Patna on 26.09.2023 that is after seven days.

4. Mr. Prabhakar Sahai, learned counsel appearing for the appellant submitted that the complainant categorically stated on oath regarding involvement of accused persons/respondents in the present case. It is further submitted that the abusive words in caste name of appellant was used by respondents during the occurrence and, therefore, a clear prima-facie case is made out which was completely over looked by learned trial court by dismissing complaint under section 203 of the Cr.P.C.

5. Heard Mrs. Usha Kumari-1 Spl.PP for the State.

6. Altogether, four witnesses including complainant were examined during enquiry, namely, Pappu Chaudhary @ Pappu Kumar (complainant), inquiry witness no. 1, namely, Yogeshwar M