IMPORTANT POINT
The court established that malicious prosecution can lead to quashing of proceedings under the SC/ST (Prevention of Atrocities) Act, and that the High Court has the authority to intervene in such cases to prevent abuse of legal processes.

JUDGMENT :

SANJAY KUMAR DWIVEDI, J.

Heard the learned counsel appearing on behalf of the petitioners, the learned counsel appearing on behalf of the respondent State and the learned counsel appearing on behalf of the O.P.No.2.

2. In this petition, the prayer has been made for quashing of the entire criminal proceeding including the order taking cognizance dated 08.11.2019, in connection with SC/ST Complaint Case No.30/2018, pending in the court of learned Special Judge, Jamtara.

3. The complaint case has been filed alleging therein that complainant being a lady constable having police No.133 belongs to Schedule Cast Community known to all accused persons and posted as Constable at police line, Jamtara. She has further stated that accused No. 1 is Superintendent of Police, Jamtara, accused No. 2 and 3 (herein Petitioner no. 1 and 2) were posted as Sergeant Major and 1/C Confidential Reader of accused No.1 respectively at Jamtara, accused No. 4 was posted as Officer-in-Charge of Narayanpur P.S. under Jamtara District, accused No. 5 was Officer-in- Charge of Mahila Police Station at present posted with CID, Ranchi, while accused no. 6 was Sub- Divisional Police Officer, Jamtara, both were members of internal Complaint Committee on sexual harassment, accused No. 7 is Officer -in Charge of Narayanpur Police Station and accused No. 8 was posted as Sergeant Major in Police Line under Jamtara. The complainant has further alleged that she was sexually harassed by accused No. 2 and 3 and she has made allegation against accused persons for the allegation of sexual assault, humiliation harassment and for being subjected to vexatious and false criminal charges, as a result of criminal conspiracy. She has further alleged that she was deputed in the office of Accused No. 2 in the month of May, 2017 where she as intentionally discriminated against and not allowed to enter in to the officer of Accused No.2 and when she made a complaint to him, she was threatened to dire consequences. She was told by accused No. 2 that it was the wish of accused No.1 that she should be not be allowed to enter in her office she has further alleged that after few days, she was directed to report to confidential section at the residence office of accused No. 1, where she was required to monitor C.C.T.V on computer. After working of two weeks, when she came out from the office of accused No.1, accused No.3 scolded her badly as to how did she dare to meet accused No.1 without his permission and then on 24.06.2017 in the afternoon while the complainant was monitoring the C.C. T.V in doing her job, accused No. 2 with ill intention, sat beside the complainant and with sexual intent, caught hold of her tightly. Complainant tried to release herself but taking advantage of his administrative superiority, accused No. 3 told her that if she acted according to his wish, she would be happier get better posting and make money. Pushing him away, the complainant came out form the room and she was fearful but coming from a member of Schedule Caste Community, she could not muster strength to challenge the might of accused No. 3, who has direct access to accused No.1. Thereafter, accused No. 3 having knowingly that complaint came from weaker section, kept on troubling her sexually wherever he found her alone. He intentionally insulted, humiliated and intimidated the complainant. After few days, accused No. 3 tried to use force against her with sexual intent and when she objected she was threatened to be given punitive posting and ultimately directed to report back in police line, where accused No.2 abused and insulted her and with malicious intent commanded her to go to Sahebganj. The matter was reported to accused No.1 who gave her false promise to look in to the matter. On 22.08.2017 accused No.2 called her and humiliated and told her to pay Rs. 20,000/- to his bodyguard for her posting and he also asked for sexual favour. She was threatened for dismissal for her job. Complainant mad