JUDGMENT :

Shampa Dutt (Paul), J.

1. The present revision has been preferred praying for quashing of proceedings being G.R. No. 3606/2018 pending before the Learned Additional Chief Judicial Magistrate, Siliguri arising out of Matigara Police Station Case No.658/2018 dated 16.12.2018 under Sections 447/323/354/506/34 of the Indian Penal Code and under Sections 3(iv)(v)(x)(xii)(xv) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act, 1989).

2. The petitioner’s case is that the Opposite Party No. 2 herein in gross abuse and/or misuse of the process of criminal law filed an application under Section 156(3) of the Code of Criminal Procedure before the Learned Additional Chief Judicial Magistrate, Siliguri against the petitioners herein and others. Pursuant to the direction of the Learned Additional Chief Judicial Magistrate, Siliguri to treat such application as the first information report, the instant case being Matigara Police Station Case No. 658/2018 dated 16.12.2018 under Sections 447/323/354/506/34 of the Indian Penal Code and under Sections 3(iv)(v)(x)(xii)(xv) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 was registered for investigation.

3. The allegations in the first information report are inter alia as follows:-

“That the father of the Opposite Party No. 2 purchased 5 Kathas or 8.25 Decimals of homestead vacant land comprising under R.S. Plot No. 242 and 243 recorded under Khaitan No. 1329 and 1339 under Mouza – Khaoplashi J.L. No. 29, Police Station: Matigara, District: Darjeeling through registered deed of conveyance being Deed No. 07591 for the year 2000, registered in Book No. 1, C.D. Vol. No. -29 pages from 3469 to 3482, of ADSR, Bagdogra. The said Deed was executed by Sri Khagendra Kumar Sharma and the petitioner no. 1. That one Hari Om Prasad (hereinafter referred to as the “Amin”) at the time of purchase identified the plots and demarcated the land with/by boundary pillars on each corner of the said plot. On 19.03.2018 the Opposite Party No. 2 along with his old and sick mother went to the spot where his land is located at about 2 P.M. and stayed there for half an hour. Suddenly the petitioners and other 3 accused persons along with 4-5 antisocial goons/land mafia came to the spot with wooden battam and started misbehaving violently with the Opposite Party No. 2 and his mother and also used slang words and at that time the said “Amin” disclosed that there is no such Plot in existence. The accused persons threatened the Opposite Party No. 2 and his mother with dire consequences and also beat him and they told the Opposite Party No. 2 and his mother “You go to Jungle and live your family with animals, do not come here junglee aadmi”. That the Opposite Party No. 2 raised his voice and the accused persons left the place with a threat that they will kill him and his family members and will come again to attach the land.

4. It is submitted by the petitioners that the allegations of commission of offences punishable under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 have no manner of application in the instant case. That in the event the complainant is incidentally a member of such schedule caste/schedule tribe, the provisions of aforesaid legislation are not attracted.

5. The instant case has been instituted by the Opposite Party No.2 to cover his misdeeds and the same has being maliciously instituted to wreak vengeance upon the petitioners and to spite them in the eye of the society. That the dispute relates to a registered deed and instead of approaching the appropriate forum, the instant case has been instituted only in order to wreck vengeance upon the present petitioners and others.

6. Mr. Debapratim Guha, learned counsel for the petitioners has submitted that for application of the provisions of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, an offence must have been committed against a person on