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SANJAY KUMAR DWIVEDI
Md. Murtaza S/o Late Abdul Majid – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
SANJAY KUMAR DWIVEDI, J.
1. Heard Mr. Md. Sajid Yunus Warsi along with Mr. Md. Asadul Haque, learned counsel for the petitioners, Mr. Abhay Kumar Tiwari, learned counsel for the State and Mr. Shekhar Sinha, learned counsel for opposite party no. 2.
2. This petition has been filed for quashing the entire criminal proceedings including the order taking cognizance dated 10.12.2021, the prayer of which was amended subsequently vide order dated 01.09.2022 passed in I.A. No. 1186 of 2022 arising out of SC/ST P.S. Case No. 2 of 2016, corresponding to G.R. Case No. 873 of 2016, pending in the court of the learned Additional Sessions Judge-I, Pakur.
3. The FIR has been lodged by the informant/opposite party no. 2 alleging therein that he belongs to lower caste and having private shops which he proposed to give it to petitioners on rent. The petitioners have called mother of the informant namely Bimla Ravidas at their house and gave Rs. 2,000/- and thereafter again give Rs. 1,000/- to his mother. The amount was given for the purpose to take the shop on rent. It has been further alleged that due to confusion in negotiation the informant wanted to return the amount to the petitioners bu
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 ....
Quashing petition under SC/ST Act dismissed as FIR allegations of caste abuse at public place prima facie disclose offences; courts accept averments at face value without evidence appreciation, civil....
The SC/ST Act should not be invoked for civil disputes, and criminal proceedings must not be misused for personal vendettas.
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....
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.
The central legal point established in the judgment is the requirement of incidents taking place in public view and the caste of the accused being of the informant for taking cognizance under the Sch....
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