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Patna High Court

RAJ KUMAR MAHTOversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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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