Back
SANJAY KUMAR DWIVEDI
Shiv Narayan Yadav, s/o. Sri Sadhu Yadav – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
1. Heard Mr. R.S. Mazumdar, the learned Senior counsel assisted by Mr. Nishant Roy, the learned vice counsel appearing on behalf of the petitioner, Mr. Fahad Allam, the learned counsel for the respondent State and Mr. Lakhan Chandra Roy, the learned counsel appearing on behalf of the O.P.No.2.
2. This petition has been filed for quashing of the order taking cognizance dated 12.02.2013 passed by learned Judicial Magistrate, 1st Class, Madhupur, Deoghar whereby he has been pleased to take congnizance for the offence under section 354 of the IPC and under sections 3(x), 3(xi) and 3(xii) of the SC and ST (Prevention of Atrocities) Act, 1989 against the petitioner in connection with Karon P.S.Case No.4 of 2012 corresponding to G.R. No.21 of 2012 including the entire criminal proceeding, pending in the court of learned Judicial Magistrate, 1st Class, Madhupur, Deoghar.
3. The First Information Report alleging was registered alleging therein that on the basis of the fardbayan of the informant namely Chameli Murmu dated 15.1.2012 at 15.30 hours before the Officer Incharge of the concerned police station stating therein that informant is resident of village Kamal Kardih, Tola Man
The judgment established the importance of meeting the key parameters for registering a case under the SC/ST (Prevention of Atrocities) Act, 1989, and highlighted the interpretation of 'place within ....
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 essential requirement for an offense under Section 3(1)(S) of the SC/ST Act is that the abuse must occur in a public view, which was not satisfied in this case, leading to the quashing of the pro....
Mere allegations without evidence of public view do not constitute an offence under the SC/ST Act unless insults target caste identity in a public context.
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 central legal point established in the judgment is the requirement for the occurrence to take place in public view under section 3(x) of the Scheduled Castes and Scheduled Tribes (Prevention of A....
A prima facie case must be established at the cognizance stage, particularly under the SC/ST Act, focusing on whether allegations, even if taken at face value, constitute an offense.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
