The existence of a civil dispute does not bar criminal proceedings, and allegations in the FIR, if true, prima facie establish offences under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act.

JUDGMENT :

ANIL KUMAR CHOUDHARY, J.

Heard the parties.

2. This Writ Petition (Cr.) under Article 226 of the Constitution of India has been filed with a prayer for issuance of an appropriate writ (s)/order (s)/direction (s) for quashing the First Information Report, in connection with Kanke P.S. Case No.18 of 2022 registered for the offences punishable under Sections 467, 468, 471, 120 B, 506 of the Indian Penal Code and Section 3 (1) (s) (g) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

3. The allegation against the petitioners is that the petitioners being not the members of the Scheduled Castes and the Scheduled Tribes, on 21.01.2022, wrongfully interfered with the enjoyment of the rights of the informant over her land and wrongfully dispossessed her. There is allegation in the F.I.R. that the petitioners dispossessed the complainant by fabricating the records of the land in question. There is further allegation against the petitioners that they abused the informant who is a member of the Scheduled Tribes by her caste name in a place within public view. On the basis of the written-application submitted by the informant, police registered Kanke P.S. Case No.18 of 2022 and took up the investigation of the case, which is going on at present.

4. Learned counsel for the petitioner submits that the informant has been set up by one Pankaj Singh to harass the petitioners. The petitioner No.1 purchased the land from one Pratima Jha who in turn, purchased the land from the petitioner Nos.2 and 3. It is next submitted that the informant of this case has also filed Original Suit (Title) No.33 of 2022 before the Civil Judge, Junior Division, Ranchi. It is next submitted that the informant is in the habit of instituting false cases and the informant has also lodged Complaint Case No.266 of 2019 against the vendor of the petitioner No.1.

5. Learned counsel for the petitioners relies upon the judgment of the Hon’ble Supreme Court of India in the case of Hitesh Verma vs. State of Uttarakhand & Another reported in (2020) 10 SCC 710 paragraph-18 of which reads as under:-

“18. Therefore, offence under the Act is not established merely on the fact that the informant is a member of Scheduled Caste unless there is an intention to humiliate a member of Scheduled Caste or Scheduled Tribe for the reason that the victim belongs to such caste. In the present case, the parties are litigating over possession of the land. The allegation of hurling of abuses is against a person who claims title over the property. If such person happens to be a Scheduled Caste, the offence under Section 3(1)(r) of the Act is not made out.”

and submits that if the victim who claims title over any property hurl abuses even if that person is a member of the Scheduled Castes or Scheduled Tribes, the offence punishable under Section 1 (s) (g) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 will not be made out. Hence, it is submitted that the prayer, as prayed for in the instant Writ Petition (Cr.), be allowed.

6. Learned counsel for the respondent- State and the learned counsel for the respondent No.2 on other hand vehemently oppose the prayer of the petitioner made in this Writ Petition (Cr.). Learned counsel for the respondent- State and the learned counsel for the respondent No.2 draw the attention of this Court towards Section 3 (1) (s) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 which reads as under:-

3. Punishments for offences atrocities.— [(1) Whoever, not being a member of a Scheduled Caste or a Scheduled Tribe,—

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(s) abuses any member of a Scheduled Caste or a Scheduled Tribe by caste name in any place within public view”

and submits that the offence punishable under Section 3 (1) (s) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 is made out, the moment a person who is not a member of the Scheduled Castes or the Schedu