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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
Qamrul Hoda @ Md. Subhan @ Md. Subahan Late Shams Tabrez – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
ANIL KUMAR CHOUDHARY, J.
1. Heard the parties.
2. This appeal has been filed under Section 14 A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 with the prayer to quash and set aside the order dated 28.11.2023 passed by learned Special Judge (SC/ST Act) cases, Jamshedpur in connection with SC/ST case no. 30 of 2023 arising out of Golmuri P.S. case no. 160 of 2019 whereby and whereunder, the learned Special Judge (SC/ST Act), Jamshedpur has found sufficient materials to proceed against the appellants for having committed the offences punishable under Sections 420, 465, 467, 468, 471 and 120B of IPC as well as under Sections 3 (1) (iv) (ix) (x) (xv) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and took cognizance of the said offences though chargesheet was submitted against the appellant only for the offences punishable under Sections 420, 465, 467, 468, 471 and 120B of IPC.
3. Learned counsel for the appellant relying upon the judgment of the Hon’ble Supreme Court of India in the case of Usha Chakraborty and Another vs. State of West Bengal and Another , (2023) 15 SCC 135 , submit that therein in para 19,
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.
Continuation of criminal proceedings based on vague allegations, especially absent specific acts attributed to the accused, amounts to abuse of process, warranting quashing of charges.
Cognizance under the SC/ST Act was quashed as the allegations arose from a land dispute, not atrocities as defined by the Act, while the cognizance for IPC offences was upheld based on prima facie ev....
The presumption regarding knowledge of caste identity under the SC & ST (PoA) Act exists unless disproved, influencing liability in false litigation cases.
Cognizance under the SC/ST Act cannot be sustained if the informant is not a member of Scheduled Caste or if the involvement is merely circumstantial related to civil disputes.
Presumption as to offences – Where accused was having personal knowledge on victim or his family, Court shall presume that accused was aware of caste or tribal identity of victim, unless contrary is ....
The court ruled that insufficient knowledge of caste identity does not exempt from liability under the SC & ST Act; further investigation into fraudulent documentation was mandated.
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....
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