B. Venkateswaran vs P. Bakthavatchalam

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 1555 OF 2022 (@ SLP (Crl.) No. 3411/2021)

B. VENKATESWARAN & ORS. APPELLANT(S)

VERSUS

P. BAKTHAVATCHALAM RESPONDENT(S)

JUDGMENT

M.R. Shah, J.

1.0. Feeling aggrieved and dissatisfied with the impugned

judgment and order passed by the High Court of

judicature at Madras in Criminal (OP) No.33505 of

2019, by which, the High Court has dismissed the said

Signature Not Verified petition under Section 482 of the Code of Criminal Digitally signed by Neetu Sachdeva Date: 2023.01.05 16:39:17 IST Reason: Procedure and has refused to quash the criminal

Page 1 of 8 proceedings initiated by the private respondent herein,

initiated against the petitioners for the offence under

Sections 3(1)(v) and (va) of the Scheduled Castes and

the Scheduled Tribes (Prevention of Atrocities) Act,

1989, the accused have preferred present appeal.

2.0. That the private respondent herein has filed a private

complaint under Section 200 of the Code of Criminal

Procedure in the Court of learned Metropolitan

Magistrate, Egmore, Chennai for alleged offence under

Sections 3(1)(v) and (va) of the Scheduled Castes and

the Scheduled Tribes (Prevention of Atrocities) Act,

1989 alleging inter alia that the petitioners herein –

original accused have conspired and unlawfully

encroached the pathway adjacent to his house and

started to construct temple. It was alleged that the

said temple was built up on the complainant water

pipeline, Sewage Pipeline and EB cable and thereby

caused obstructions to him to enjoy his property.

Therefore, it was alleged that even after order passed

by the High Court, the accused persons did not stop

Page 2 of 8 the illegal construction and thereby committed

atrocities on the peaceful living of his family. It was

further alleged that the accused persons prevented the

complainant from putting up further construction on

his building and also criminally intimidated. That the

Special Court after receipt of the complaint, recorded

the sworn statement of the complainant under Section

200 of the Code of Criminal Procedure and also

examined the witnesses under Section 202 of the Code

of Criminal Procedure who were produced by the

complainant and thereafter took cognizance of the case

under Sections 3(1)(v) and (va) of the Scheduled Castes

and the Scheduled Tribes (Prevention of Atrocities) Act,

1989 and issued summons to the accused persons.

Being aggrieved and dissatisfied with the summons

issued by the learned Special Court, the accused

persons filed the petition under Section 482 of the

Code of Criminal Procedure before the High Court to

quash the criminal proceedings against them. By the

impugned judgment and order, the High Court has

dismissed the said application and has refused to

Page 3 of 8 quash the criminal proceedings. Hence, present appeal

at the instance of the original accused.

3.0. We have heard Shri Nagamuthu, learned senior

counsel for the appellants – original accused and the

respondent appearing in person. We have also gone

through the complaint and considered the allegations

in the complaint made against the accused. Having

considered the allegations in the complaint and the

material on record, it appears that initiation of the

criminal proceedings by the respondent against the

appellants – original accused for the offence under the

provisions of the Scheduled Castes and the Scheduled

Tribes (Prevention of Atrocities) Act, 1989 is nothing

but an abuse of process of law and the court and also

provision of the Scheduled Castes and the Scheduled

Tribes (Prevention of Atrocities) Act, 1989. It appears

that a private dispute was going on between the

parties with respect to the illegal construction. As per

the allegations in the complaint, the original

complainant had purchased the vacant land and

constructed the building. It is alleged that adjacent to

Page 4 of 8 his house and on the common pathway, the accused

have unlawfully encroached upon the pathway and

started constructing the temple and thereby have put

up illegal construction on his water pipeline, sewage

pipeline and EB Cable. In the entire complaint, there

are no allegations that the complainant is obstructed

and / or interfered with enjoyment of his right on his

property deliberately and willfully knowing that

complainant belongs to SC/ST. From the material on

record, it appears that a civil dispute is converted into

criminal dispute and that too for the offence under the

provisions of the Scheduled Castes and the Scheduled

Tribes (Prevention of Atrocities) Act, 1989. Prior to

filing of the complaint, it appears that the temple was

already in existence since many years. The

complainant, who resides adjacent to the temple, filed

WP No. 1272 of 2007 before the Madras High Court.

Pursuant to the order passed by the High Court, the

Commissioner of Corporation, Chennai conducted the

inspection and found that there was absolutely no

encroachment by the temple. It appears that thereafter

Page 5 of 8 the complainant filed another Writ Petition No. 30326

of 2013 before the Madras High Court. The High Court

directed the official respondent to proceed with the

inquiry against both the parties. At this stage, it is

required to be noted that it was the case on behalf of

the original accused that in fact complainant had

violated all building norms and had constructed a

building in blatant violation of the set-back rules and

had also put-up unauthorized construction on the

ground floor and first floor. That thereafter, the Temple

filed writ petition being No.3322 of 2017 before the

High Court. The Division Bench of the High Court vide

order dated 10.2.2017 stayed the proceedings against

temple. It appears that thereafter the complainant filed

a private complaint for the aforesaid offences under

the provisions of the Scheduled Castes and the

Scheduled Tribes (Prevention of Atrocities) Act, 1989.

From the aforesaid, it seems that the private civil

dispute between the parties is converted into criminal

proceedings. Initiation of the criminal proceedings for

the offences under Sections 3(1)(v) and (va) of the

Page 6 of 8 Scheduled Castes and the Scheduled Tribes

(Prevention of Atrocities) Act, 1989, therefore, is

nothing but an abuse of process of law and Court.

From the material on record, we are satisfied that no

case for the offences under Sections 3(1)(v) and (va) of

the Scheduled Castes and the Scheduled Tribes

(Prevention of Atrocities) Act, 1989 is made out, even

prima facie. None of the ingredients of Sections 3(1)(v)

and (va) of the Scheduled Castes and the Scheduled

Tribes (Prevention of Atrocities) Act, 1989 are made

out and/ or satisfied. Therefore, we are of the firm

opinion and view that in the facts and circumstances

of the case, the High Court ought to have quashed the

criminal proceedings in exercise of powers under

Section 482 of the Code of Criminal Procedure. The

impugned judgment and order passed by the High

Court, therefore, is unsustainable and the same

deserves to be quashed and set aside and the criminal

proceedings initiated against the appellants deserves

to be quashed and set aside.

Page 7 of 8 4.0. In view of the above and for the reasons stated above,

present appeal succeeds. The impugned judgment and

order passed by the High Court dismissing the writ

petition is hereby quashed and set aside. The criminal

proceedings initiated against the appellants, initiated

by the respondent herein – original complainant for

the offence under Sections 3(1)(v) and (va) of the

Scheduled Castes and the Scheduled Tribes

(Prevention of Atrocities) Act, 1989 including summons

issued by the learned Special Court in a private

complaint filed by the respondent herein are hereby

quashed and set aside. Present appeal is allowed

accordingly.

………………………………….J. [M.R. SHAH]

………………………………….J. [KRISHNA MURARI]

NEW DELHI;

JANUARY 05, 2023

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