Shivlal Mahto …. … v. …. …
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (Cr.) No.527 of 2023 ---- Shivlal Mahto …. …. Petitioner 1. The State of Jharkhand 2. Devnandan Ram Versus …. …. Respondents
Legal Reasoning
---- CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR ---- For the Petitioner For the Respondents 07/Dated: 13th May, 2024 : Mr. Rohit Ranjan Sinha, Adv. : Mr. Praveen Akhauri, S.C. Mines-I Mr. Mohini Gupta, A.C. to S.C. Mines-I Mr. Atma Ram Choudhary, Adv. Mr. Ankur Anand, Adv. ---- 1. The present criminal writ petition has been filed for issuing appropriate writ(s), order(s), direction(s), quashing and setting aside, with all consequences, the entire criminal proceedings as against the petitioner in Charhi P.S. Case No.70/2021 dated 5.7.2021 registered alleging commission of offences punishable under sections 323/341/504/506/147/149, IPC and section 3(1)(x) of the Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act, 1989, including the FIR and the investigation emanating therefrom as against the petitioner; which is presently pending in the Court of Additional District Judge-VI-cum-Special Judge, SC/ST Act, Hazaribag. 2. Learned counsel for the petitioner has submitted that this case is nothing but next door neighbour dispute. The petitioner has not claimed any right over the said land but he is a next door neighbour and he has been deliberately and maliciously roped in the present case. Since there is land dispute between the parties and as such learned counsel has relied upon the judgment of the Hon’ble Apex Court reported in (2020) 10 SCC 710 in the case of Hitesh Verma Versus State of Uttarakhand & Anr. Paragraph No.16 of the said judgment is relevant which is quoted hereinbelow:- “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 2 herself. Due to dispute, the appellant and others were not permitting Respondent 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, intimidated or harassed only for the reason that she belongs to Scheduled Case or Scheduled Tribe.” 3. Further, learned counsel has relied upon the judgment of the Hon’ble Apex Court reported in 2023 SCC OnLine SC 946 in the case of Haji Iqbal @ Bala Through S.P.O.A. Versus State of U.P. & Ors. Paragraph No.15 of the said judgment is relevant which is quoted hereinbelow:- “At this stage, we would like to observe something important. Whenever an accused comes before the Court invoking either the inherent powers under Section 482 of the Code of Criminal Procedure (CrPC) or extraordinary jurisdiction under Article 226 of the Constitution to get the FIR or the criminal proceedings quashed essentially on the ground that such proceedings are manifestly frivolous or vexatious or instituted with the ulterior motive for wreaking vengeance, then in such circumstances the Court owes a duty to look into the FIR with care and a little more closely. We say so because once the complainant decides to proceed against the accused with an ulterior motive for wreaking personal vengeance, etc., then he would ensure that the FIR/complaint is very well drafted with all the necessary pleadings. The complainant would ensure that the averments made in the FIR/complaint are such that they disclose the necessary ingredients to constitute the alleged offence. Therefore, it will not be just enough for the Court to look into the averments made in the FIR/complaint alone for the purpose of ascertaining whether the necessary ingredients to constitute the alleged offence are disclosed or not. In frivolous or vexatious proceedings, the Court owes a duty to look into many other attending circumstances emerging from the record of the case over and above the averments and, if need be, with due care and circumspection try to read in between the lines. The Court while exercising its jurisdiction under Section 482 of the CrPC or Article 226 of the Constitution need not restrict itself only to the stage of a case but is empowered to take into account the overall circumstances leading to the initiation/registration of the case as well as the materials collected in the course of investigation. Take for instance the case on hand. Multiple FIRs have been registered over a period of the background of such circumstances the registration of multiple FIRs assumes importance, thereby attracting the issue of wreaking vengeance out of private or personal grudge as alleged.” time. It in is Page | 2 W.P. (Cr.) No.527 of 2023 4. It has been submitted by the learned counsel for the petitioner that the criminal case is nothing but addenda and it is a malicious prosecution and on that basis quashing of the FIR has been prayed. 5. It has been submitted by the learned counsel for the victim that the land belonging to him and there is sufficient document to establish the title of the victim. Further, the victim has received compensation also as part of the land has been acquired by the NHAI. It is only question that the victim belongs to a lower cast and as such the petitioner does not want that lower caste should reside beside the petitioner and as such the victim is being disturbed time to time and the petitioner is not allowing the victim to make construction upon his own land. This is clear cut case of harassment to the SC/ST members and as such offence is made out. 6. Having heard the learned counsel for the parties, it appears that admittedly there is no land dispute between the parties. It is a case of untouchability. A person belonging to a particular group is not being allowed to construct a house upon his own land in neighbourhood and it is certainly an offence under SC/ST (PoA) Act. 7. In that view of the matter, this Court don’t find any reason to entertain the present writ petition. Accordingly, it is hereby dismissed. Amar/- Uploaded (Rajesh Kumar, J.) Page | 3 W.P. (Cr.) No.527 of 2023