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SANJAY KUMAR DWIVEDI
Tulsi Nayak, son of Late Beni Nayak – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
1. Heard Mr. K.K. Ambastha, the learned counsel appearing on behalf of the petitioners and Mr. Suraj Kumar, the learned counsel appearing on behalf of the O.P.No.2 and Mrs. Vandana Bharti, the learned counsel appearing on behalf of the respondent State.
2. This petition has been filed for quashing of the entire criminal proceeding including the order taking cognizance dated 17.05.2014 in connection with Complaint Case No.69/2013, pending in the court of learned Chief Judicial Magistrate, Giridih.
3. The complainant has filed the complaint alleging therein that the O.P.No.2 has filed a complaint case no.69 of 2013 in the court of Chief Judicial Magistrate, Giridih against eight persons namely, Tulsi Nayak, Sahdeo Nayak, Moti Nayak, Ugan Nayak, Leelawati Devi, Sumitra Devi, Gita Devi and Rukmani Devi for alleged offence committed under sections 147, 148, 477, 379, 354 and 323 of the Indian Penal Code and Section 3 and 4 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act alleging therein that complainant got the land by virtue of Hukumnama and cultivation is only source of income of the complainant. On the date of occurrence the accused person came to
The offense under the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act is only established when a member of the vulnerable section of the society is subjected to indignities, humiliat....
Property disputes involving vulnerable sections of society do not necessarily constitute an offence under the SC/ST Act unless the allegations are based on the victim's caste.
The court ruled that allegations under the SC/ST Act must demonstrate intent to humiliate based on caste, and the second proviso of Section 14-A(3) was struck down as unconstitutional.
The court established that insufficient evidence and lack of specific allegations can justify quashing of FIR under Section 482 of the CrPC.
The judgment establishes the principle that when appeal is specifically provided for in a particular act against orders other than interlocutory, the inherent power under Section 482 Cr.P.C. cannot b....
The main legal point established in the judgment is the application of the principles of abuse of process of law and mala fide intentions in filing a complaint, as outlined in State Haryana Versus Bh....
The court established that inherent powers under Section 482 of the CrPC can quash proceedings lacking sufficient evidence or motivated by malice.
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