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Saturday, June 19, 2010

SCHEDULED CASTE AND SCHEDULED TRIBES (PREVENTION OF ATROCITIES) ACT, 1989

S.3(1)(x) (xi)--Indian Penal Code, 1860, S.323/506--Criminal Procedure Code, 1973, S.482--Quashing of complaint--Allegations of commission of offence under S.C. and S.T. are not made out--Complaint filed not for reason that petitioner has committed an offence rather with some ulterior motive--There was some dispute in regard to path--Both sides were trying to take possession of that path--In malafide exercise Criminal complaint filed so as to pressurize petitioner in matter of possession of the path--This is when on repeated complaints and three enquiries investigation agency concluded that no offence under S.C. and S.T. Act had been committed--Factum of conclusion drawn by police authorities or enquires intentionally not disclosed in complaint--In such circumstance, continuance of these proceedings shall result in abuse of process of Court--Complaint quashed.; Dilbagh Singh & Ors. v. Sukhjinder Kaur, ; 2010(1) Law Herald (P&H) 729