Case Note & Summary
The present appeal under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST Act) was filed by the appellants, who were original accused Nos. 1 to 7, 9 and 10 in Criminal M.A. No.179 of 2024 before the Special Court (SC/ST Act), Aurangabad. The respondent No.2, Laxminarayan Chotelal Rathod, filed the complaint as the General Power of Attorney holder of one Fakiri Kisan Gangave, who claimed to be a member of a Scheduled Tribe. The complaint alleged that the accused abused the complainant in filthy language and threatened him in connection with a land dispute. The Special Court issued process against the appellants for offences punishable under Sections 3(1)(f) and 3(1)(g) of the SC/ST Act. The appellants challenged this order before the High Court. The main legal issue was whether the process was sustainable in the absence of specific allegations that the alleged insult or intimidation was on the ground of caste. The appellants argued that the complaint was vague and did not disclose any caste-based animus, while the respondents contended that the allegations were sufficient. The High Court analyzed the provisions of Sections 3(1)(f) and 3(1)(g) and held that the essential ingredient of these offences is the intent to humiliate or insult a person on the ground of caste. The court found that the complaint merely alleged that the accused abused the complainant in filthy language and threatened him, but did not specify any caste-related words or indicate that the insult was due to the complainant's caste. The dispute was essentially civil in nature regarding land. Consequently, the court allowed the appeal, quashed the process issued against the appellants, and set aside the impugned order.
Headnote
A) Criminal Procedure - Process Issuance - Section 14-A SC/ST Act - Quashing of Process - The court examined whether the Special Court was justified in issuing process against the appellants under Sections 3(1)(f) and 3(1)(g) of the SC/ST Act. The complaint lacked specific allegations that the accused insulted or intended to insult the complainant on the ground of caste. Held that process cannot be issued without prima facie material showing caste-based animus. (Paras 1-10) B) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Section 3(1)(f) - Caste-Based Insult - The provision requires intentional insult or intimidation with intent to humiliate a member of SC/ST. The complaint merely alleged that the accused abused the complainant in filthy language without specifying caste-related words or intent. Held that such general allegations are insufficient to attract the offence. (Paras 5-8) C) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Section 3(1)(g) - Land Dispute - The provision covers offences relating to land transactions. The complaint pertained to a civil land dispute and did not disclose any caste-based element. Held that the dispute was essentially civil in nature and cannot be converted into an atrocity without specific allegations. (Paras 5-8) D) Power of Attorney - Maintainability of Complaint - The complaint was filed by the General Power of Attorney holder of the alleged victim. The court did not decide on this issue as the appeal was allowed on other grounds. (Para 4)
Issue of Consideration
Whether the process issued against the appellants under Sections 3(1)(f) and 3(1)(g) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 is sustainable in the absence of specific allegations of caste-based insult or intent.
Final Decision
Appeal allowed. The impugned order dated 16.05.2025 passed by the Special Court (SC/ST Act), Aurangabad in Criminal M.A. No.179 of 2024 is set aside. The process issued against the appellants is quashed.
Law Points
- Section 14-A of SC/ST Act
- Section 3(1)(f) of SC/ST Act
- Section 3(1)(g) of SC/ST Act
- Power of Attorney holder can file complaint
- Need for specific allegations of caste-based insult
- Requirement of intent to humiliate on caste basis
