AIROnline 2025 SC 631

Supreme Court Of India

(From : Hyderabad)

Hon'ble Judge(s): B. R. Gavai , C.J.I. AND Augustine George Masih , J

Criminal P.C. (2 of 1974) , S.482— Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act (33 of 1989) , S.3(1)(viii), S.3(2)(vii)— Quashing of proceedings - Prima facie case - Offence of atrocity - Complainant had alleged that after he had objected to wrongful allotment of plots made by accused, he was falsely implicated with malicious intent in a criminal case since he belonged to Scheduled caste - Allotment made by accused was as per government instructions - Subsequently allotment was cancelled - There was no reason as to why accused would proceed to malafidely involve complainant and his family in said case - Since it was a dispute between two groups belonging to Scheduled Caste, there was no question of involving complainant in case for the reason that he belonged to Scheduled Caste - Intent necessary to constitute offence under SC/ST Act was not made out - Mere pendency of cases between complainant and accused, cannot be a ground for presuming that prosecution initiated against complainant was at the behest of accused and with a false and malicious intent - Criminal proceedings against accused were rightly quashed by High Court. Judgment and order, Dt. 15.10.2014 (Hyd)-AffirmedAIR 2000 SC 1876-Relied onAIR 2013 SC 1048-Relied onAIR 2018 SC 1498-Relied on (Para 20 21 22 ....