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SHAMPA DUTT (PAUL)
Pratima Chowdhury – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Shampa Dutt (Paul), J.
1. The present revisional application has been preferred praying for quashing of the proceedings in connection with Special Case No. 20/2022 arising out of Shibpur P.S. Case No. 26/2022 dated 31.01.2022 under Sections 506/34 of the Indian Penal Code and Section 3(x) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, pending before the learned Special Judge (SC & ST Act, 1989), Howrah whereby charge sheet vide charge sheet no. 50/2022 dated 28.02.2022 under Sections 195A/506 of the Indian Penal Code and Section 3(x) of the Schedule Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 has been filed against the petitioners.
2. The petitioners herein are the mother-in-law and husband of the de facto complainant.
3. In the petition of complaint, in the present case which was registered on 31.01.2022, the complainant has stated that she has also filed another case being Shibpur P.S. Case No. 302/21 under Sections 498A/406/313/307 of the Indian Penal Code against the petitioners herein.
4. It is further stated in the written complaint that her ‘streedhan’ articles were not recovered in spite of search being conducted on
The court emphasized that criminal proceedings must be quashed if they lack prima facie evidence, preventing abuse of the judicial process.
The court can quash criminal proceedings under Article 142 if the allegations do not constitute an offence and are primarily private in nature, especially in cases involving caste-based claims.
For an offence under the SC/ST Act, there must be intent to humiliate based on caste identity; mere membership in a Scheduled Caste is insufficient.
(1) Insult within public view – If alleged offence takes place within four corners of wall where members of public are not present, then it cannot be said that it has taken place at a place within pu....
The central legal point established in the judgment is the need to prevent the misuse of the provisions of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act and to discourage dis....
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 court quashed the FIR due to lack of prima facie evidence, ruling that the allegations did not constitute a cognizable offence and were maliciously instituted.
The court quashed proceedings under the SC/ST Act due to lack of public view in the alleged incident, emphasizing the need for specific ingredients to establish the offence.
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