The Division Bench of Justice M.R. Shah and Justice Krishna Murari of the Apex court in the case of B. Venkateswaran & Ors Vs P. Bakthavatchalam quashed criminal proceedings for the offence under Sections 3(1)(v) and (va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 as a civil dispute was converted into criminal dispute.
Brief facts:
The factual matrix of the case was that a private complaint was filed for the offence under Sections 3(1)(v) and (va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 in which it was alleged that the Appellants (Accused) colluded and illegally encroached on the pathway adjacent to the Respondent’s (Complainant’s) house, where they began to build a temple. It was claimed that the aforementioned temple was built on the Respondent’s water pipeline, sewage pipeline, and EB cable, obstructing his enjoyment of his land.
The Appellants filed the petition before the Madras High Court under Section 482 of the Code of Criminal Procedure, 1973 for quashing the criminal proceedings against them. However, the High Court dismissed the petition and refused to quash the criminal proceedings. This is why the present second appeal has been preferred.
Observations of the Court:
The Hon’ble Court observed that initiation of the criminal proceedings by the Respondent against the Appellants for the offence under the provisions of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 was nothing but an abuse of the process of law and the court and also the provisions of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. There was a private dispute going on between the parties concerning the illegal construction.
It was noted that in the entire complaint, there were no allegations that the Respondent was obstructed and/or interfered with the enjoyment of his right on his property deliberately and wilfully knowing that the Respondent belongs to the SC/ST community. Furthermore, it was opined that the present case is a civil dispute which is converted into a criminal dispute, and that too for the offence under the provisions of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.
The decision of the Court:
The Apex Court held that no case for the offences under Sections 3(1)(v) and (va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been made out, even prima facie and therefore, quashed the criminal proceedings initiated against the Appellants.
Case Title: B. Venkateswaran & Ors Vs P. Bakthavatchalam
Coram: Hon’ble Mr. Justice M.R. Shah and Hon’ble Mr. Justice Krishna Murari
Citation: 2023 Latest Caselaw 6 SC
Case No: CRIMINAL APPEAL NO. 1555 OF 2022
Advocate for Petitioner: Adv. Pranab Prakash
Advocate for Respondent: Respondent-in-Person
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(With input from news agency language)
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