Case Note & Summary
The petitioners, original accused persons, filed a criminal writ petition under Article 226 of the Constitution of India read with Section 482 CrPC challenging an order dated 14.12.2020 passed by the learned Additional Sessions Judge, Sangamner in Criminal Misc. Application No. 02/2018. The impugned order issued process against the petitioners for offences punishable under Sections 3(2)(iv)(v)(vii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST Act). The respondent No. 2, Dasharath Govind Pawar, had filed a complaint alleging that the petitioners, who belong to the same village, had abused him with caste-related epithets and assaulted him. The petitioners contended that the complaint was vague and lacked specific allegations that the offence was committed on account of the victim's caste. They also argued that the Magistrate failed to conduct a preliminary inquiry as required under Section 438 CrPC before issuing process. The court examined the complaint and found that it did not contain specific averments that the alleged acts were done because the complainant belonged to a Scheduled Caste. The court also noted that the Magistrate had not recorded any reasons for dispensing with the preliminary inquiry. Relying on precedents, the court held that the absence of specific allegations and non-compliance with Section 438 CrPC rendered the order issuing process unsustainable. Consequently, the court allowed the petition, quashed the impugned order, and discharged the petitioners from the offences under the SC/ST Act. However, the court clarified that the respondent No. 2 is at liberty to pursue other remedies available under the general law.
Headnote
A) Criminal Procedure Code - Section 438 - Preliminary Inquiry - Mandatory requirement before issuing process in SC/ST Act cases - The court held that the Magistrate must conduct a preliminary inquiry under Section 438 CrPC before issuing process for offences under the SC/ST Act, and failure to do so vitiates the order. (Paras 10-15) B) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Section 3(2)(iv)(v)(vii) - Specific Allegations - Necessity of caste-based insult - The court held that the complaint lacked specific allegations that the offence was committed on account of the victim's caste, which is essential for attracting the provisions of the Act. (Paras 16-20) C) Criminal Procedure Code - Section 482 - Inherent Powers - Quashing of process - The court held that where the allegations do not make out a prima facie case under the SC/ST Act and the process was issued without proper inquiry, the High Court can exercise its inherent powers to quash the proceedings to prevent abuse of process. (Paras 21-25)
Issue of Consideration
Whether the order issuing process under the SC/ST Act was sustainable in the absence of specific allegations and without compliance with Section 438 CrPC?
Final Decision
The petition is allowed. The impugned order dated 14.12.2020 passed by the learned Additional Sessions Judge, Sangamner in Criminal Misc. Application No. 02/2018 is quashed and set aside. The petitioners are discharged from the offences under the SC/ST Act. However, respondent No. 2 is at liberty to pursue other remedies available under the general law.
Law Points
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act
- 1989
- Section 3(2)(iv)(v)(vii)
- Section 438 CrPC
- preliminary inquiry
- specific allegations
- abuse of process
