Ram Narain vs Murat and Others

G.B. Pattanaik, J.—Leave granted.

The complainant is in appeal against the order of learned Single Judge of Allahabad High Court. The Allahabad High Court in exercise of powers under Section 482 of the Code of Criminal Procedure quashed the pending proceedings initiated under Section 3(i)(v) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The impugned judgment indicates that the High Court came to a conclusion that the petitioner before it was in possession of the land bearing plot Nos. 72, 73 and 74, and on that basis interfered with the criminal proceedings. There is no finding of any competent forum that the petitioners before the High Court, namely Murat and others are in possession of the disputed plots, and on the other hand, a civil suit is pending before the Civil Court. That being the position, the High Court was in error in assuming that Murat and others were in possession of the land, and on that erroneous assumption interfered and quashed the criminal proceedings.

This, on the face of it, is in excess of the jurisdiction conferred on the High Court under Section 482 of the Code of Criminal Procedure.

We, therefore, set aside the impugned order passed by the High Court and direct the criminal proceedings may go on in accordance with law. The appeal is disposed of accordingly. Appeal allowed.