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IN THE HIGH COURT OF JUDICATURE AT PATNA
CHANDRA SHEKHAR JHA
Md. Reyaz Son of Late Md. Allauddin – Appellant
Versus
State of Bihar – Respondent
| Table of Content |
|---|
| 1. land deal fraud with caste abuse alleged in fir (Para 2 , 3 , 4) |
| 2. civil land dispute; no sc/st or ipc offence (Para 5 , 6 , 7) |
| 3. sc/st requires caste-specific insult in public view (Para 8) |
| 4. quash sc/st cases if civil or non-caste based (Para 9) |
| 5. bhajan lal grounds for quashing baseless firs (Para 10) |
| 6. no sc/st offence; dispute purely civil (Para 11) |
| 7. proceedings quashed under quashing guidelines (Para 12 , 13 , 14) |
JUDGMENT :
Heard the parties.
2. The present quashing petition has been preferred to quash the order dated 28.04.2022 passed in SC/ST/GR Case No. 33 of 2017 arising out of Sadar P.S. Case No. 137 of 2017 passed by learned 3rd Additional Sessions Judge-cum-Exclusive SC/ST(POA) Act, Darbhanga, where learned Exclusive Special Judge for SC/ST (POA) Act rejected the application of the appellants filed under Section 227 of the Cr.P.C. for not framing the charge against them for the offence under Sections 409, 420, 419, 504, 506 and 120(B) of the IPC and Section 3(i)(r)(s) of the SC/ST (POA) Act.
3. FIR speaks that, Mohan Kumar Mahto (informant) submitted a written information on 07.04.2017 to the Officer In- Charge of Mabbi O.P. (Sadar) police station stat
Criminal proceedings quashed at discharge stage under SC/ST Act and IPC where land deal dispute is civil, no money benefit to accused, and SC/ST offence ingredients absent: no caste-based public humi....
The SC/ST Act should not be invoked for civil disputes, and criminal proceedings must not be misused for personal vendettas.
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 central legal point established in the judgment is that the offence under the SC/ST Act is not established merely on the fact that the informant is a member of Scheduled Caste unless there is an ....
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....
The court emphasized that criminal proceedings must be quashed if they lack prima facie evidence, preventing abuse of the judicial process.
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