Patna High Court
RAJ KUMAR MAHTOversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
The prosecution was malafide and the order taking cognizance under the SC/ST Act is quashed.
Summary
The appellants Raj Kumar Mahto, Om Prakash Mahto and Ravindra Mishra were charged in a 2018 complaint case for the death of Mahadeo Mahto, a Scheduled Caste wage‑labourer, alleging they killed him by a tractor over a wage dispute. The Sessions Judge took cognizance under IPC sections 341, 323, 406 and the SC/ST Act (Sec 3(r)(xi)). The appellants contended they were falsely implicated and that no caste‑based motive existed. The High Court observed that the case stemmed from personal enmity, the SC/ST provisions were misused, and the prosecution was malafide, relying on Supreme Court precedents. Consequently, the Court quashed the Sessions Judge’s order and all related proceedings.
Issues considered
- Whether the prosecution under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act is maintainable given the alleged absence of a caste motive.
- Whether the Sessions Judge erred in taking cognizance of the offences under the SC/ST Act.
- Whether the prosecution is malafide and liable to be set aside.
Legislation cited
- Indian Penal Code — s. 323, 341, 406
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 3(r)(xi)
Subjects
- SC/ST Act misuse
- malafide prosecution
- caste discrimination
- IPC offences
- personal enmity
- quashing of order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1118 of 2022
Arising Out of PS. Case No.-621 Year-2018 Thana- MADHUBANI COMPLAINT CASE
District- Madhubani
======================================================
1. RAJ KUMAR MAHTO Son of Sonai Mahto Resident of Village - Madhepur
East , P.O.- Madhepur, P.S.- Madhepur, Distt.- Madhubani.
2. Om Prakash Mahto @ bablu Mahto Son of Raj Kumar Mahto Resident of
Village - Madhepur East , P.O.- Madhepur, P.S.- Madhepur, Distt.-
Madhubani.
3. Ravindra Mishra Son of Sukhdev Mishra Resident of Village - Madhepur
East , P.O.- Madhepur, P.S.- Madhepur, Distt.- Madhubani.
... ... Appellant/s
Versus
1. The State of Bihar
2. Punama Devi W/o Ram Udgar Pasi @ Ram Udgar Mahto Resident of
Village - P.O.- and P.S.- Madhepur, Distt.- Madhubani.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Ratanakar Jha, Advocate
For the Respondent/s : Mr.Sadanand Paswan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 02-02-2026 Heard learned counsel for the appellants, learned
Special P.P. for the State and learned counsel for the Opposite
Party No. 02.
2. This appeal has been preferred for quashing the
order dated 26.02.2021 passed by the learned Additional
Sessions Judge-1st -cum-Special Judge (SC/ST Act),
Madhubani in Complaint Case No. 621/2018 whereby and
whereunder learned Sessions Judge took cognizance of the
offences against the appellants under Sections 341, 323, 406 of
Patna High Court CR. APP (SJ) No.1118 of 2022(3) dt.02-02-2026
2/3
the Indian Penal Code and Sections 3(r)(xi) of SC/ST Act.
3. As per the prosecution case, complainant’s son
Mahadeo Mahto worked as a wage laborer on accused No.01’s
tractor for 1½ years due to poverty. When wages were in arrears
and payment was demanded, the accused conspired and on July
30, 2018, took the complainant’s son to a lonely place where he
was fatally thrashed by tractor, resulting in his death.
4. It has been submitted by the learned counsel for
the appellants that the appellants have falsely been implicated in
this case and no offence is made out against the appellants under
the SC/ST Act.
5. Learned Spl. P.P. for the State has opposed the
prayer of the appellants and has supported the impugned order.
6. I have gone through the order taking cognizance
and from the same it appears that the present case has been filed
because of personal enmity and the provisions of the SC/ST Act
have been misused. So from the allegations levelled against the
accused persons, it appears that the dispute is with regard to
non-payment of wages and no offence has been committed with
the informant’s son who belongs to Scheduled Caste with an
intention that it was being done on the ground of caste.
7. In view of the above, the prosecution of the
Patna High Court CR. APP (SJ) No.1118 of 2022(3) dt.02-02-2026
3/3
appellants is malafide and the same cannot be allowed in view
of the law laid down by the Hon’ble Supreme Court in the cases
of Dashrath Sahu vs. State of Chhattisgarh reported in 2024
SCC OnLine SC 72 and State of Haryana & Ors. vs. Bhajan
Lal & Ors. reported in 1992 Supp(1) SCC 335.
8. Accordingly, this application is allowed and the
order dated 26.02.2021 passed by the learned learned Additional
Sessions Judge-1st -cum-Special Judge (SC/ST Act),
Madhubani in Complaint Case No. 621/2018 and all
consequential proceedings arising out of the same are hereby
quashed.
(Sandeep Kumar, J)
tusharika/-
U T
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