Land Dispute Given Colour Of SC/ST Act To Wreak Vengeance: Calcutta High Court Quashes Case Against Two Accused
The Calcutta High Court has quashed criminal proceedings against two accused in a case involving allegations under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, holding that the dispute between the parties primarily arose out of a long-standing civil land dispute and appeared to have been given a colour of criminality as a retaliatory measure.Justice...
The Calcutta High Court has quashed criminal proceedings against two accused in a case involving allegations under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, holding that the dispute between the parties primarily arose out of a long-standing civil land dispute and appeared to have been given a colour of criminality as a retaliatory measure.
Justice Chaitali Chatterjee Das observed that the materials on record indicated a chequered history of litigation between the neighbours relating to boundary and property disputes. The Court noted that the complainant had alleged caste-based humiliation and other offences after relations between the parties deteriorated over land issues and non-refund of money allegedly paid under an agreement.
Referring to the Supreme Court decision in Hitesh Verma v. State of Uttarakhand, the Court reiterated that an offence under the SC/ST Act is not made out merely because the complainant belongs to a Scheduled Caste; there must be intentional insult or intimidation on account of caste and such act must occur in a place within public view.
Upon examining the complaint and charge sheet, the Court found that several provisions of the SC/ST Act were invoked without any corresponding allegations, and that the investigation did not disclose specific statements or conduct showing intentional caste-based humiliation. The Court also noted that the alleged incident relating to caste abuse lacked clear averments regarding its occurrence in public view.
The Court further observed that the allegations of cheating and criminal breach of trust related to an agreement executed in 2012, yet no complaint was lodged for several years, raising doubts about the genuineness of those accusations.
Holding that continuation of the criminal proceedings against the first two petitioners would amount to abuse of the process of law, the Court quashed the proceedings against them. However, the Court allowed the case to continue against the third petitioner for offences under Sections 447, 323, 325, 354B, 379 and 506 of the Indian Penal Code, observing that the allegations against him required determination during trial.
Case: Biswanath Mondal & Ors. v. State of West Bengal & Ors.
Case No: CRR 3840 OF 2022