Lakha Ram And Others vs State Of Rajasthan And Others

Dr. Pushpendra Singh Bhati, J

The appellant has preferred this criminal appeal under Section 14A of SC/ST (Prevention of Atrocities) Act against the order dated 04.12.2021 whereby cognizance has been taken against the accused under Sections 341, 323/34 IPC and Sections 3(1)(r)(s) and 3(2)(va) of SC/ST Act.

Counsel for the appellant submits that the police filed a closure-report earlier and later the dispute was between the Panchayat and present appellants for removal of encroachment which has been given colour of SC/ST Act.

Counsel for the appellant has referred to judgment of Hon`ble Supreme Court in Hitesh Verma Vs. The State of Uttarakhand & Anr., [Criminal Appeal No.707 of 2020 (Arising out of SLP (Criminal) No.3585 of 2020) dated 05.11.2020]. Relevant portion whereof reads as follows :-

“16. There is a dispute about the possession of the land which is the subject matter of civil dispute between the parties as per Respondent No. 2 herself. Due to dispute, Appellant and others were not permitting Respondent No. 2 to cultivate the land for the last six months. Since the matter is regarding possession of property pending before the Civil Court, any dispute arising on account of possession of the said property would not disclose an offence under the Act unless the victim is abused, intimated or harassed only for the reason that she belongs to Scheduled Caste or Scheduled Tribe.

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.

Later, while examining the constitutionality of the provisions of the Amending Act (Central Act No. 27 of 2018), this Court in a judgment reported as Prathvi Raj Chauhan v. Union of India and Ors. held that proceedings can be quashed Under Section 482 of the Code. It was held as under:

The Court can, in exceptional cases, exercise power Under Section 482 Code of Criminal Procedure for quashing the cases to prevent misuse of provisions on settled parameters, as already observed while deciding the review petitions. The legal position is clear, and no argument to the contrary has been raised.”

Learned Public Prosecutor as well as counsel for the respondents opposed the submissions.

The precedent law does not apply in the present factual matrix.

This Court is of the opinion that at the stage of cognizance, particularly, when statements make out prima facie case under Sections 341, 323/34 IPC and Sections 3(1)(r)(s) and 3(2)(va) of SC/ST Act no interference is made for.

The appeal is dismissed.