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SANJAY KUMAR DWIVEDI
Bijay Kumar @ Vijay Kumar – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Sanjay Kumar Dwivedi, J.
Heard the learned counsel appearing on behalf of the petitioner, as well as the learned counsel for the respondent State and the learned counsel appearing on behalf of the respondent no.2.
2. This petition has been filed for quashing of the entire criminal proceeding including the First Information Report (FIR) being S.T./S.C. Dhanbad Case No.03 of 2024 dated 11.7.2024 registered for the offence under sections 354, 354-B, 504, 509 of the Indian Penal Code and sections 3(1)(r), 3(1)(w) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, pending in the court of learned Additional Sessions Judge-I, Dhanbad.
3. The First Information Report the prosecution case levels allegations against the petitioner under Section 354/354-B/504/509 of the Indian Penal Code and Section 3(1)(r)/ 3(1)(w) of the S.T./ S.C. Atrocities Act, on the basis of information submitted by one Shalo Devi, consequent to which the FIR has been registered by the officer in charge, police station, being S.T./S.C. P.S. Dhanbad Case No.03 of 2024, dated 11.07.2024. The date of occurrence has been provided in the FIR format as to be from 03.05.2021 to 03.05.202
The court quashed the FIR due to lack of essential elements for prosecution under the SC/ST Act, emphasizing the need to prevent malicious prosecution.
The main legal point established in the judgment is that if the allegations in the FIR do not prima facie constitute a case against the accused, the proceedings can be quashed.
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 cas....
The absence of public view during the alleged incident and lack of independent witnesses led to the quashing of the FIR under the Atrocity Act and IPC.
The court quashed the FIR and proceedings under the Atrocities Act, finding no prima facie case against the applicant and emphasizing the need to prevent abuse of legal processes.
The court ruled that allegations of caste-based abuse in public view under the SC & ST Act cannot be quashed without trial, emphasizing the need for intent to humiliate linked to caste identity.
The main legal point established in the judgment is the careful consideration of the factual scenario and the application of legal principles related to abetment of suicide and intentional insult und....
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