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SANJAY KUMAR DWIVEDI
Pawan Kumar Dokania @ Pawan Dokania – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Notice was issued upon respondent no.2 vide order dated 31.07.2024. Service report is on the record, which suggests that respondent no.2 has left for his heavenly abode.
2. Learned counsel appearing for the appellants submits that he has not been able to find out whether any substitution is made before the learned Court, where the matter is pending or not.
3. In view of the above, this appeal is being heard in absence of respondent no.2.
4. Heard Mr. Rohan Mazumdar, learned counsel appearing for the appellants and Mrs. Shweta Singh, learned counsel appearing for the State.
5. The present criminal appeal is directed against the order dated 18.04.2022 passed by the learned Special Judge, Jamtara in SC/ST Case No.12 of 2021, whereby, he has been pleased to take cognizance under Sections 341, 323, 504/34 of the Indian Penal Code and under Section 3(1)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act against the appellants, pending in the Court of the learned Special Judge, Jamtara.
6. Office objection is made with regard to maintainability of this appeal as it has been filed after lapse of 180 days in light of Section 14-A (3) of the Scheduled Castes
The court ruled that allegations under the SC/ST Act must demonstrate intent to humiliate based on caste, and the second proviso of Section 14-A(3) was struck down as unconstitutional.
(1) Offence under SC/ST Act, 1989 can be quashed on the ground of compromise between parties.(2) Powers of Apex Court under Article 142 can be invoked to quash a criminal proceeding on the basis of a....
The central legal point established in the judgment is the need to prevent the misuse of the provisions of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act and to discourage dis....
The SC/ST Act should not be invoked for civil disputes, and criminal proceedings must not be misused for personal vendettas.
The court emphasized that criminal proceedings must be quashed if they lack prima facie evidence, preventing abuse of the judicial process.
The judgment established the principle that for an offence under the SC/ST Act, insults or intimidations must be targeted at the victim because of their scheduled caste or tribe status, and the conte....
Criminal proceedings cannot be initiated for civil disputes, and unexplained delays in filing complaints can lead to quashing of such proceedings.
The court can quash criminal proceedings under Article 142 if the allegations do not constitute an offence and are primarily private in nature, especially in cases involving caste-based claims.
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