Case Note & Summary
The petitioner, accused No.3, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking to set aside the order dated 02.12.2022 passed by the 1st Additional District and Sessions Judge, Chikkaballapura in Spl.S.C.No.46/2021. The case arose from Crime No.43/2021 registered at Gudibande Police Station for offences punishable under Sections 114, 143, 147, 148, 149, 302, 307, 324, 447, 109, 120B of the Indian Penal Code, 1860 (IPC) and Sections 3(1)(r), 3(1)(s), 3(1)(w), 3(2)(v), 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 (SC/ST Act). The petitioner was in judicial custody. The learned counsel for the petitioner argued that the charge sheet did not disclose any overt act or common intention attributable to the petitioner, and his mere presence at the scene did not warrant framing of charges. The High Court Government Pleader and the counsel for respondent No.2 (complainant) opposed the petition, contending that there was sufficient material to proceed against the petitioner. The Court examined the charge sheet and found that the allegations against the petitioner were vague and did not specify any role played by him in the incident. The Court held that in the absence of any prima facie evidence showing active participation or common intention, the charges could not be sustained. The Court quashed the order framing charges against the petitioner and discharged him from all offences. The petition was allowed.
Headnote
A) Criminal Procedure Code - Quashing of Charges - Section 482 CrPC - The High Court examined the validity of an order framing charges against the petitioner/accused No.3 for offences under the SC/ST (POA) Act and IPC. The Court held that where the material on record does not prima facie disclose the commission of an offence or any overt act by the accused, the charges are liable to be quashed to prevent abuse of process of law. (Paras 1-10) B) SC/ST (Prevention of Atrocities) Act, 2015 - Sections 3(1)(r), 3(1)(s), 3(1)(w), 3(2)(v), 3(2)(va) - Prima Facie Case - The Court found that the allegations against the petitioner did not satisfy the ingredients of the offences under the Act as there was no specific overt act or common intention to commit atrocities against a member of Scheduled Caste or Scheduled Tribe. The mere presence of the petitioner at the scene without active participation does not attract the provisions. (Paras 5-8) C) Indian Penal Code, 1860 - Sections 302, 307, 324, 447, 143, 147, 148, 149, 109, 114, 120B - Common Intention - The Court observed that the charge sheet did not attribute any specific role to the petitioner in the commission of murder, attempt to murder, or other offences. In the absence of any material showing common intention or overt act, the charges under these sections cannot be sustained. (Paras 6-9)
Issue of Consideration
Whether the order framing charges against the petitioner/accused No.3 under the SC/ST (Prevention of Atrocities) Amendment Act, 2015 and various sections of IPC is sustainable in the absence of any overt act or common intention attributable to him.
Final Decision
The petition is allowed. The order dated 02.12.2022 passed by the 1st Additional District and Sessions Judge, Chikkaballapura in Spl.S.C.No.46/2021 is set aside. The petitioner/accused No.3 is discharged from all offences.
Law Points
- Prima facie case
- Common intention
- Active participation
- SC/ST Act
- Quashing of charges
- Section 482 CrPC
