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ANIL KUMAR CHOUDHARY
Arjun Prasad – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Heard the parties.
2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure with a prayer to quash the entire criminal proceeding and order taking cognizance dated 24.03.2022 by which the learned Special Judge, SC/ST Act, Hazaribagh has taken cognizance of the offence punishable under Sections 323/34 of the Indian Penal Code and Section 3 (I) (X) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 arising out of SC/ST (Protest) Case No.71 of 2019 filed against Hazaribagh Sadar P.S. Case No.417 of 2016 corresponding to G.R. No.1289 of 2016.
3. The allegation against the petitioners is that on 17.04.2016 at about 7:15 am the petitioners were blocking the PCC Road by constructing a wall over the same by bricks. When the informant/victim- Raj Mahendra Paswan who is a member of Scheduled Caste protested to the same, the petitioners in furtherance of their common intention caused hurt and abused him by taking his caste name on the road which is a public place.
4. The informant/victim submitted a written report in Hazaribagh Sadar Police Station and basing upon the
The High Court should not stifle a legitimate prosecution and should not consider the defense of the accused in its inherent power under Section 482 Cr.P.C.
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 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 court quashed proceedings against petitioners as allegations did not constitute an offence under the SC/ST Act, emphasizing the need for prima facie grounds for prosecution.
The SC/ST Act should not be invoked for civil disputes, and criminal proceedings must not be misused for personal vendettas.
Omission of caste insult in initial police intimation does not vitiate SC/ST (POA) Act proceedings if substantiated later.
Insults under the SC/ST Act must occur in public view; absence of this element negates the offence.
Disputed facts should be decided in trial, and criminal complaints cannot be quashed solely on the ground that the allegations are civil in nature.
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