Back
IN THE HIGH COURT OF JHARKHAND AT RANCHI
MR. JUSTICE ANIL KUMAR CHOUDHARY, J
Amal Kumar, Son Of Sri Nilambuj Prasad – Appellant
Versus
State Of Jharkhand – Respondent
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
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....
Insult using caste name – When there is no allegation that casteist slur was made in a place within public view or that there was any member of public present at the spot, no offence is made out unde....
The court emphasized the importance of not questioning the veracity of the allegations in the FIR and the need to exercise the power of quashing sparingly, based on the specific parameters and circum....
The court held that cognizance for offences under the SC/ST Act cannot be taken without a chargesheet, while maintaining cognizance for IPC offences due to specific allegations.
The court emphasized that allegations under the SC/ST Act require proof of the accused's awareness of the victim's caste, and misuse of the Act for personal vendetta is impermissible.
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 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 upheld the FIR under the SC & ST Act, affirming that allegations of caste-based violence and abuse constituted a prima facie case, rejecting the petitioners' claims of falsehood.
The court ruled that without the informant being a member of a Scheduled Caste or Tribe, no offences under the SC/ST Act can be established, leading to the quashing of the FIR.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
