Don't Hesitate To Quash False Cases: Kerala HC Cautions Agencies, Courts Against Misuse Of SC/ST Act By Litigants With 'Evil Thoughts'

The Kerala High Court observed that when complaints with the police do not yield desired results, or when there are failed litigations or pending litigations between the parties, the raising of allegations under the SC/ST (POA) Act gives a strong indication that such allegations may be false.The Court however also observed that the intent behind enacting the SC/ST (POA) Act is to protect the members of the Scheduled Caste or Scheduled Tribe communities from exploitation and that strict action must be taken in genuine cases.Justice A. Badharudeen cautioned that the investigating agencies and courts have a very vital role to find out truth from false allegations to prevent the misuse of the provisions of the SC/ST (POA) Act. The Court further stated that false cases must be quashed without hesitation.Court stated, “When not accomplishing the aim by lodging complaints in relation to some claims before the police or on getting negative results in litigation or when other pending litigations in between the parties, before raising the allegations as to commission of offence/offences under the SC/ST (POA) Act by one among the parties in rivalry the same is a strong reason to see the falsity of the allegations. Once the facts of the case with its yesteryear events, postulate false implication a court exercising power under Section 482 of the Code of Criminal Procedure and Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 shall not hesitate to do the same. While registering crimes in the said circumstances the investigating officers also must apply their mind to avoid false implication of innocent victims in serious offences.”Background FactsThe petitioner, who is not a member of Scheduled Caste or Scheduled Tribe community is alleged to have insulted and intimidated the de facto complainant who belongs to the Scheduled Caste community by calling her caste name within public view. Another lady who accompanied the petitioner was also arrayed as second accused. Crime was registered on February 2015 against him alleging commission of offences under Section 294 (b) of the IPC, Section 3(1)(r) and (s) of SC/SC (POA) Act. The alleged incident took place December 2013 and the crime was only registered after one year and three months.After conducting an investigation, the police submitted a final report stating that the allegations were false and requested the case be closed. The case was ordered to be further investigated as the de facto complainant based on a complaint filed to the DGP. On further investigation, final report was filed arraying the petitioner as the sole accused. Aggrieved by the final report, petitioner has approached the High Court. The Counsel for petitioner submitted that the final report was filed arraying the petitioner as accused without conducting proper investigation. It was also stated that the entire investigation was conducted in the absence of the petitioner, she went abroad for job. It was further stated that the case filed against the petitioner and another woman was false, as the complainant was unable to file a police report claiming they owed her money. Allegedly, the police had advised the complainant to resolve the money dispute through the court.On the other hand, the complainant submitted that prima facie offences were made out and that the case cannot be quashed. On analysing the factual aspects of the case, the Court stated that the de facto complainant filed the case alleging that the petitioner abused her by calling her caste name, since as she was unable to recover the money that the petitioner owed her.The Court stated that sometimes litigants with evil or wicked intentions file false cases under the SC/ST (POA) to pressurize innocent persons and to settle old scores with them. Court stated, “ At the time misuse of the provisions of SC/ST (POA) Act by litigants having evil or wicked thoughts or being spiteful is the menace now one could notice from various angles. To wit false implication of poor person within the sphere of SC/ST (POA) Act offence with intention to pressurize them with the threat of arrest, detention, and also harsh punishment to settle a score or to compel them to heed for the illegal and illogical demands of the complainant is a tragic after math. Therefore, the misuse of the provisions of SC/ST (POA) Act also to be taken note of.”The Court thus warned that misuse of provisions of the SC/ST (POA) Act must be taken care of. It also stated that investigating officers must apply their minds before registering cases under the SC/ST (POA) to avoid false implication of innocent persons. In the facts of the case, the Court observed that first final report filed was substantiated by evidence and that no further evidence to collected for arraying the petitioner as accused. On finding that the de facto complainant filed false case as an attempt to recover money back from the petitioner, the Court quashed all the proceedings against the petitioner. Counsel for...

Don't Hesitate To Quash False Cases: Kerala HC Cautions Agencies, Courts Against Misuse Of SC/ST Act By Litigants With 'Evil Thoughts'

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