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Patna High Court

RAJ NARAYAN SINGHversusTHE STATE OF BIHAR

Decided
Disposal
ALLOWED

Holding

The appeal is allowed; the order dismissing the discharge application is quashed as no offence under the SC/ST Act and insufficient material for IPC offences.

Summary

The appellant Raj Narayan Singh was implicated in a case arising from an old land dispute with the informant Ram Janam Ram. The FIR alleged offences under IPC sections 341, 323, 504, 506 and under Section 3(1)(V) of the SC/ST (Prevention of Atrocities) Act. The appellant contended that the dispute was purely civil, that no intentional insult or intimidation of a Scheduled Caste member occurred, and that the IPC charges were not made out. The High Court examined a series of Supreme Court and High Court precedents on the distinction between civil wrongs and criminal offences, the ingredients of the SC/ST Act, and the requirements of a valid charge‑sheet. It held that the facts showed only a land‑related conflict, not an offence under the SC/ST Act, and that the material was insufficient to sustain the IPC charges. Consequently, the appeal was allowed and the order dismissing the discharge application was quashed.

Issues considered

  • The occurrence constitutes an offence under Section 3(1)(V) (now 3(1)(r)) of the SC/ST (Prevention of Atrocities) Act.
  • Whether the allegations under IPC sections 341, 323, 504 and 506 are made out.
  • Whether the High Court may quash the order under its inherent powers when the charge‑sheet lacks sufficient material.

Legislation cited

Subjects

  • SC/ST Act
  • land dispute
  • civil vs criminal
  • cheating
  • criminal intimidation
  • charge‑sheet
  • quash
  • inherent powers
  • IPC sections
  • public view

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.3824 of 2021
                   Arising Out of PS. Case No.-248 Year-2017 Thana- CHAND District- Kaimur (Bhabua)
                 ======================================================
                 RAJ NARAYAN SINGH S/o Late Bhadra Singh Resident of Village-
                 Pipariya, P.S.- Chand, District- Kaimur (Bhabua)

                                                                                   ... ... Appellant/s
                                                       Versus
           1.    THE STATE OF BIHAR Bihar
           2.    RAM JANAM RAM S/o Late Bilgu Ram Resident of Village- Pipariya,
                 P.S.- Chand, District- Kaimur (Bhabua.)

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :       Mr. Krishna Pd. Singh, Sr. Adv.
                                                 Mr.Bhaskar Shankar
                 For the Respondent/s    :       Mr.Usha Kumari 1
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

8   03-02-2026                   Heard the parties.

                                2. This appeal is preferred for quashing the order

                   dated 20.03.2021 passed by the learned Court of Additional

                   District and Sessions Judge-1st-cum-Special Judge, SC/ST Act,

                   Kaimur at Bhabhua in SC/ST Registration No. 351 of 2017

                   arising out of Chand P.S. Case No. 248 of 2017 by which the

                   discharge application of the appellant has been dismissed.

                                3. The prosecution story is based on the basis of

                   written application dated 01.11.2017 by informant Ram Janam

                   Ram. As per informant, there was an old land dispute between

                   him and co-accused Ram Dulare Ram. After measurement of

                   land in question by an Amin, accused Ram Dular Ram
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          constructed his house but when informant started work for

          making his house, Ram Dular Ram illegally encroached his land

          as a result of which a heated exchange took place between the

          parties which was the cause of present occurrence.

                       4. On the application of the informant, the present

          case was instituted and after investigation charge sheet was

          submitted u/s 341, 323, 504, 506/34 1.P.C. and u/s 3 (1) (V) (S)

          of SC/ST Act. Thereafter, cognizance was taken under same

          sections on 02.08.2018 and because of the same, the appellant

          filed an application on 16.10.2018 u/s 227 Cr.P.C. which was

          heard and dismissed on 20.03.2021.

                       5. Learned senior counsel for the appellant submits

          that upon bare perusal of the FIR, it will appear that no offence

          is made out against the appellant u/s 3 (1) (V) (S) of SC/ST Act

          as the occurrence has taken place because of old land dispute

          between the parties.

                       6. Learned senior counsel for the appellant further

          submits that there is case and counter case between the parties

          and the offence, as alleged, under the provisions of Indian Penal

          Code are triable by Magistrate.

                       7. He next submits that the appellant has falsely been

          implicated in this case by the informant because of village
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          politics and therefore the same may be quashed.

                         8. In support of his submissions, learned counsel for

          the appellant has relied upon Judgment of the Hon'ble Supreme

          Court passed in case of Hitesh Verma Versus State of

          Uttarakhand reported in (2020) 10 SCC 710.

                           9. Learned APP for the State has opposed the

          application of the appellant and has supported the impugned

          order.

                         10. I have heard and considered the submission of

          the parties.

                         11. The Hon’ble Supreme Court in the case of

          Rikhab Birani v. State of U.P. reported as 2025 SCC OnLine

          SC 823 has held as under:-

                                       14. During the last couple of months, a
                                          number of judgments/orders have been
                                          pronounced by this Court, especially in
                                          cases arising from the State of Uttar
                                          Pradesh, deprecating the stance of the
                                          police as well as the courts in failing to
                                          distinguish between a civil wrong in the
                                          form of a breach of contract, non-
                                          payment of money or disregard to and
                                          violation of contractual terms; and a
                                          criminal offence under Sections 420 and
                                          406 of the IPC, the ingredients of which
                                          are quite different and requires mens rea
                                          at the time when the contract is entered
                                          into itself to not abide by the terms
                                          thereof.
                                       15. In Lalit Chaturvedi v. State of Uttar
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                                           Pradesh, this Court quoted an earlier
                                           decision in Mohammed Ibrahim v. State
                                           of Bihar, wherein, referring to Section
                                           420 of the IPC, it was observed that the
                                           offence under the said Section requires
                                           the following ingredients to be satisfied:
                                               “18. Let us now examine whether the
                                                  ingredients of an offence of cheating
                                                  are made out. The essential
                                                  ingredients of the offence of
                                                  “cheating” are as follows:
                                                       (i) deception of a person either by
                                                            making a false or misleading
                                                            representation or by dishonest
                                                            concealment or by any other
                                                            act or omission;
                                                       (ii)     fraudulent or dishonest
                                                              inducement of that person to
                                                              either deliver any property or
                                                              to consent to the retention
                                                              thereof by any person or to
                                                              intentionally induce that
                                                              person so deceived to do or
                                                              omit to do anything which he
                                                              would not do or omit if he
                                                              were not so deceived; and
                                                       (iii) such act or omission causing
                                                            or is likely to cause damage
                                                            or harm to that person in
                                                            body, mind, reputation or
                                                            property.”
                                       16. Reference was also made to the decision
                                           in V.Y. Jose v. State of Gujarat and it was
                                           observed:
                                               “7. Similar elucidation by this Court in
                                                   “V.Y. Jose v. State of Gujarat”,
                                                   explicitly states that a contractual
                                                   dispute or breach of contract per se
                                                   should not lead to initiation of a
                                                   criminal proceeding. The ingredient
                                                   of ‘cheating’, as defined under
                                                   Section 415 of the IPC, is existence
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                                                   of a fraudulent or dishonest intention
                                                   of making initial promise or
                                                   representation thereof, from the very
                                                   beginning of the formation of
                                                   contract. Further, in the absence of
                                                   the averments made in the complaint
                                                   petition wherefrom the ingredients of
                                                   the offence can be found out, the
                                                   High Court should not hesitate to
                                                   exercise its jurisdiction under Section
                                                   482 of the Cr.P.C saves the inherent
                                                   power of the High Court, as it serves
                                                   a salutary purpose viz. a person
                                                   should not undergo harassment of
                                                   litigation for a number of years,
                                                   when no criminal offence is made
                                                   out. It is one thing to say that a case
                                                   has been made out for trial and
                                                   criminal proceedings should not be
                                                   quashed, but another thing to say
                                                   that a person must undergo a
                                                   criminal trial despite the fact that no
                                                   offence has been made out in the
                                                   complaint. This Court in V.Y. Jose
                                                   (supra) placed reliance on several
                                                   earlier decisions in “Hira Lal Hari
                                                   Lal Bhagwati v. CBI”, “Indian Oil
                                                   Corporation v. NEPC India Ltd.”,
                                                   “Vir Prakash Sharma v. Anil Kumar
                                                   Agarwal” and “All Cargo Movers (I)
                                                   (P) Ltd. v. Dhanesh Badarmal
                                                   Jain”.”
                                       17. This Court, in Delhi Race Club (1940)
                                           Limited v. State of Uttar Pradesh,
                                           highlighted the fine distinction between
                                           the offences of criminal breach of trust
                                           and cheating, observing that the two are
                                           antithetical in nature and cannot coexist
                                           simultaneously. Police officers and
                                           courts must carefully apply their minds to
                                           determine whether the allegations
                                           genuinely constitute the specific offence
                                           alleged.
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                                       18. In Kunti v. State of Uttar Pradesh11, this
                                           Court referred to Sarabjit Kaur v. State
                                           of Punjab12 wherein it was observed that
                                           a breach of contract does not give rise to
                                           criminal prosecution for cheating unless
                                           fraudulent or dishonest intention is
                                           shown right at the beginning of the
                                           transaction. Merely on the allegation of
                                           failure to keep a promise will not be
                                           enough to initiate criminal proceedings.
                                           Thus, the dishonest intention on the part
                                           of the party who is alleged to have
                                           committed the offence of cheating should
                                           be established at the time of entering into
                                           the transaction with the complainant,
                                           otherwise the offence of cheating is not
                                           established or made out.
                                       19. It is the duty and obligation of the court
                                           to exercise a great deal of caution in
                                           issuing process, particularly when the
                                           matter      is   essentially   of      civil
                                           nature.13 The prevalent impression that
                                           civil remedies, being time-consuming, do
                                           not adequately protect the interests of
                                           creditors or lenders should be
                                           discouraged and rejected as criminal
                                           procedure cannot be used to apply
                                           pressure.14 Failure to do so results in the
                                           breakdown of the rule of law and
                                           amounts to misuse and abuse of the legal
                                           process.
                                       20. In yet another case, again arising from
                                           criminal proceedings initiated in the
                                           State of Uttar Pradesh,15 this Court was
                                           constrained to note recurring cases being
                                           encountered wherein parties repeatedly
                                           attempted to invoke the jurisdiction of
                                           criminal courts by filing vexatious
                                           complaints, camouflaging allegations
                                           that are ex facie outrageous or are pure
                                           civil claims. These attempts must not be
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                                           entertained and should be dismissed at
                                           the threshold. Reference was made to a
                                           judgment of this Court in Thermax
                                           Limited v. K.M. Johny16, which held that
                                           courts should be watchful of the
                                           difference between civil and criminal
                                           wrongs, though there can be situations
                                           where the allegation may constitute both
                                           civil and criminal wrongs. Further, there
                                           has to be a conscious application of mind
                                           on these aspects by the Magistrate, as a
                                           summoning        order      has      grave
                                           consequences of setting criminal
                                           proceedings in motion. Though the
                                           Magistrate is not required to record
                                           detailed reasons, there should be
                                           adequate evidence on record to set
                                           criminal proceedings into motion. The
                                           Magistrate should carefully scrutinize the
                                           evidence on record and may even put
                                           questions               to             the
                                           complainant/investigating officer etc. to
                                           elicit answers to find out the truth about
                                           the allegations. The summoning order
                                           has to be passed when the complaint or
                                           chargesheet discloses an offence and
                                           when there is material that supports and
                                           constitutes essential ingredients of the
                                           offence. The summoning order should not
                                           be passed lightly or as a matter of
                                           course.
                                       21. Lastly, we would refer to another detailed
                                           judgment of this Court in Sharif
                                           Ahmed v. State of Uttar Pradesh17,
                                           which draws out the ingredients required
                                           to    establish    an    offence    under
                                           Sections 406, 415, 420, 503 and 506 of
                                           the IPC in the following terms:
                                               “36. An offence under Section 406 of
                                                  the IPC requires entrustment, which
                                                  carries the implication that a person
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                                                   handing over any property or on
                                                   whose behalf the property is handed
                                                   over, continues to be the owner of the
                                                   said property. Further, the person
                                                   handing over the property must have
                                                   confidence in the person taking the
                                                   property to create a fiduciary
                                                   relationship between them. A normal
                                                   transaction of sale or exchange of
                                                   money/consideration       does     not
                                                   amount to entrustment. Clearly, the
                                                   charge/offence of Section 406 IPC is
                                                   not even remotely made out.
                                               37. The chargesheet states that the
                                                  offence under Section 420 is not
                                                  made out. The offence of cheating
                                                  under                   Section 415 of
                                                  the IPC requires              dishonest
                                                  inducement, delivering of a property
                                                  as a result of the inducement, and
                                                  damage or harm to the person so
                                                  induced. The offence of cheating is
                                                  established when the dishonest
                                                  intention exists at the time when the
                                                  contract or agreement is entered, for
                                                  the essential ingredient of the offence
                                                  of cheating consists of fraudulent or
                                                  dishonest inducement of a person by
                                                  deceiving him to deliver any
                                                  property, to do or omit to do anything
                                                  which he would not do or omit if he
                                                  had not been deceived. As per the
                                                  investigating officer, no fraudulent
                                                  and dishonest inducement is made
                                                  out or established at the time when
                                                  the agreement was entered.
                                               38. An offence of criminal intimidation
                                                   arises when the accused intendeds to
                                                   cause alarm to the victim, though it
                                                   does not matter whether the victim is
                                                   alarmed or not. The intention of the
                                                   accused to cause alarm must be
                                                   established by bringing evidence on
                                                   record. The word ‘intimidate’ means
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                                                   to make timid or fearful, especially :
                                                   to compel or deter by or as if by
                                                   threats. The threat communicated or
                                                   uttered by the person named in the
                                                   chargesheet as an accused, should be
                                                   uttered and communicated by the
                                                   said person to threaten the victim for
                                                   the purpose of influencing her mind.
                                                   The word ‘threat’ refers to the intent
                                                   to inflict punishment, loss or pain on
                                                   the other. Injury involves doing an
                                                   illegal act.
                                               39. This Court in Manik Taneja v. State of
                                                   Karnataka, had referred to Section
                                                   506 which prescribes punishment for
                                                   the offence of ‘criminal intimidation’
                                                   as defined in Section 503 of the IPC,
                                                   to observe that the offence under
                                                   Section 503 requires that there must
                                                   be an act of threating another person
                                                   with causing an injury to his person,
                                                   reputation or property, or to the
                                                   person or reputation of any one in
                                                   whom that person is interested. This
                                                   threat must be with the intent to
                                                   cause alarm to the person threatened
                                                   or to do any act which he is not
                                                   legally bound to do, or omit to do an
                                                   act which he is entitled to do. Mere
                                                   expression of any words without any
                                                   intent to cause alarm would not be
                                                   sufficient to bring home an offence
                                                   under Section 506 of the IPC. The
                                                   material and evidence must be
                                                   placed on record to show that the
                                                   threat was made with an intent to
                                                   cause alarm to the complainant, or to
                                                   cause them to do, or omit to do an
                                                   act. Considering the statutory
                                                   mandate, offence under Section 506
                                                   is not shown even if we accept the
                                                   allegation as correct.”
                                       22. Significantly, this Court in Sharif
                                           Ahmed (supra) cautioned courts to check
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                                           such attempts of making out a criminal
                                           case on the basis of vague and ex
                                           facie false assertions.
                                       23. Further, Sharif Ahmed (supra) exposits
                                           the legal position relating to the
                                           ingredients     and    contents    of    a
                                           chargesheet, drawing upon several
                                           earlier judgments of this Court which
                                           elucidate the contents of a police report
                                           under Section 173(2) of the Cr.P.C. It
                                           also clarifies the course of action to be
                                           adopted by the Magistrate when the
                                           chargesheet is found to be incomplete or
                                           vague in content. In this context,
                                           reference      may     be      made     to
                                           Sections 190 and 204 of the Cr.P.C., as
                                           well as Sections 211 to 213 and 218 of
                                           the Cr.P.C., which collectively govern the
                                           framing and contents of a charge. Some
                                           of the portions of this judgment are
                                           reproduced below:
                                               “13. The question of the required details
                                                  being complete must be understood
                                                  in a way which gives effect to the true
                                                  intent of the chargesheet under
                                                  Section 173(2) of the Code. The
                                                  requirement of “further evidence” or
                                                  a “supplementary chargesheet” as
                                                  referred to under Section 173(8) of
                                                  the Code, is to make additions to a
                                                  complete chargesheet8, and not to
                                                  make up or reparate for a
                                                  chargesheet which does not fulfil
                                                  requirements of Section 173(2) of the
                                                  Code. The chargesheet is complete
                                                  when it refers to material and
                                                  evidence sufficient to take cognizance
                                                  and for the trial. The nature and
                                                  standard of evidence to be elucidated
                                                  in a chargesheet should prima facie
                                                  show that an offence is established if
                                                  the material and evidence is proven.
                                                  The chargesheet is complete where a
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                                                    case is not exclusively dependent on
                                                    further evidence. The trial can
                                                    proceed on the basis of evidence and
                                                    material placed on record with the
                                                    chargesheet. This standard is not
                                                    overly technical or fool-proof, but a
                                                    pragmatic balance to protect the
                                                    innocent from harassment due to
                                                    delay as well as prolonged
                                                    incarceration, and yet not curtail the
                                                    right of the prosecution to forward
                                                    further evidence in support of the
                                                    charges.
                                               XXXXXX
                                               16. This Court in Bhushan Kumar v. State
                                                   (NCT of Delhi) while referring to
                                                   Sections 190 and 204 of the Code has
                                                   observed      that   the expression
                                                   “cognisance” in Section 190 merely
                                                   means “becoming aware of”, and
                                                   when used with reference to a court
                                                   or a judge it connotes “to take notice
                                                   of judicially”. It indicates the
                                                   juncture at which the court or
                                                   Magistrate takes judicial notice of
                                                   the offence with a view to initiate
                                                   proceedings in respect of such an
                                                   offence. This is different from
                                                   initiation of proceedings. Rather, it is
                                                   a condition precedent to the initiation
                                                   of proceedings by a Magistrate or
                                                   judge. At this stage, the Magistrate
                                                   has to keep in mind the averments in
                                                   the complaint or the police report,
                                                   and has to evaluate whether there is
                                                   sufficient ground for initiation of
                                                   proceedings. This is not the same as
                                                   the consideration of sufficient
                                                   grounds for conviction, as whether
                                                   evidence is sufficient for supporting
                                                   the conviction or not, can be
                                                   determined only at the stage of trial,
                                                   and not at the stage of cognisance.
                                                   This aspect is important and will be
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                                                    subsequently referred to when we
                                                    examine the decision of this Court
                                                    in K. Veeraswami v. Union of India,
                                                    and the observations therein which
                                                    have been referred to on several
                                                    occasions in other judgments.
                                               17. Section 204 of the Code does not
                                                   mandate the Magistrate to explicitly
                                                   state the reasons for issue of
                                                   summons and this is not a
                                                   prerequisite for deciding the validity
                                                   of the summons. Nevertheless, the
                                                   requirement of the Code is that the
                                                   summons is issued when it appears to
                                                   the Magistrate that there is sufficient
                                                   ground for proceeding against the
                                                   accused. Summons is issued to the
                                                   person against whom the legal
                                                   proceedings have commenced. Wilful
                                                   disobedience is liable to be punished
                                                   under Section 174 of the Penal Code,
                                                   1860. As a sequitur, keeping in mind
                                                   both the language of Section 204 of
                                                   the     Code     and      the    penal
                                                   consequences, the Magistrate is
                                                   mandated to form an opinion as to
                                                   whether there exists sufficient ground
                                                   for summons to be issued. While
                                                   deciding whether summons is to be
                                                   issued to a person, the Magistrate
                                                   can     take    into     consideration
                                                   any prima        facie improbabilities
                                                   arising in the case. The parameters
                                                   on which a summoning order can be
                                                   interfered with are well settled by the
                                                   decision of this court in Bhushan
                                                   Kumar (supra). The Magistrate in
                                                   terms of Section 204 of the Code is
                                                   required to exercise his judicial
                                                   discretion with a degree of caution,
                                                   even when he is not required to
                                                   record reasons, on whether there is
                                                   sufficient ground for proceeding.
                                                   Proceedings initiated by a criminal
                                                   court are generally not interfered
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                                                    with by High Courts, unless
                                                    necessary to secure the ends of
                                                    justice.
                                                                 XXXXXX
                                               19. Sections 211 to 213 and Section 218
                                                   of the Code deal with the contents of
                                                   the charge. The object and purpose
                                                   of these provisions is to bring the
                                                   nature of allegations against the
                                                   accused to his notice. These
                                                   allegations have to be proved and
                                                   established by leading evidence. The
                                                   accused should not be taken by
                                                   surprise or be unbeknownst so as to
                                                   cause prejudice to him. The
                                                   provisions of the Code also prescribe
                                                   how to interpret the words used in the
                                                   charge in terms of Section 214 of the
                                                   Code, the effect of defects in the
                                                   charge in terms of Section 215 of the
                                                   Code, the power of the court to alter
                                                   the charge and recall of the witnesses
                                                   when a charge is altered in terms of
                                                   Sections 216 and 217 of the Code.
                                               20. There is an inherent connect between
                                                   the chargesheet submitted under
                                                   Section 173(2) of the Code,
                                                   cognisance which is taken under
                                                   Section 190 of the Code, issue of
                                                   process and summoning of the
                                                   accused under Section 204 of the
                                                   Code, and thereupon issue of notice
                                                   under Section 251 of the Code, or the
                                                   charge in terms of Chapter XVII of
                                                   the Code. The details set out in the
                                                   chargesheet have a substantial
                                                   impact on the efficacy of procedure
                                                   at the subsequent stages. The
                                                   chargesheet is integral to the process
                                                   of taking cognisance, the issue of
                                                   notice and framing of charge, being
                                                   the only investigative document and
                                                   evidence available to the court till
                                                   that stage. Substantiated reasons and
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                                                     grounds for an offence being made in
                                                     the chargesheet are a key resource
                                                     for a Magistrate to evaluate whether
                                                     there are sufficient grounds for
                                                     taking     cognisance,      initiating
                                                     proceedings, and then issuing notice,
                                                     framing charges etc.
                                                                 XXXXXX
                                               26. The object and purpose of the police
                                                   investigation is manyfold. It includes
                                                   the need to ensure transparent and
                                                   free investigation to ascertain the
                                                   facts, examine whether or not an
                                                   offence is committed, identify the
                                                   offender if an offence is committed,
                                                   and to lay before the court the
                                                   evidence which has been collected,
                                                   the truth and correctness of which is
                                                   thereupon decided by the court.
                                               27.      In H.N. Rishbud and Inder
                                                     Singh v. State of Delhi21, this Court
                                                     notes that the process of investigation
                                                     generally consists of : 1) proceeding
                                                     to     the    concerned       spot,   2)
                                                     ascertainment        of    facts     and
                                                     circumstances, 3) discovery and
                                                     arrest, 4) collection of evidence
                                                     which includes examination of
                                                     various persons, search of places and
                                                     seizure of things, and 5) formation of
                                                     an opinion on whether an offence is
                                                     made out, and filing the chargesheet
                                                     accordingly. The formation of
                                                     opinion is therefore the culmination
                                                     of     several     stages     that    an
                                                     investigation goes through. This
                                                     Court in its decision in Abhinandan
                                                     Jha v. Dinesh Mishra22 states that
                                                     the submission of the chargesheet or
                                                     the final report is dependent on the
                                                     nature of opinion formed, which is
                                                     the final step in the investigation.
                                               28. The final report has to be prepared
                                                   with these aspects in mind and
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                                                    should      show     with      sufficient
                                                    particularity    and      clarity,    the
                                                    contravention of the law which is
                                                    alleged. When the report complies
                                                    with the said requirements, the court
                                                    concerned should apply its mind
                                                    whether or not to take cognisance
                                                    and also proceed by issuing summons
                                                    to the accused. While doing so, the
                                                    court will take into account the
                                                    statement of witnesses recorded
                                                    under Section 161 of the Code and
                                                    the documents placed on record by
                                                    the investigating officer.
                                               29. In case of any doubts or ambiguity
                                                   arising in ascertaining the facts and
                                                   evidence, the Magistrate can, before
                                                   taking cognisance, call upon the
                                                   investigating officer to clarify and
                                                   give better particulars, order further
                                                   investigation, or even record
                                                   statements in terms of Section 202 of
                                                   the Code.
                                                           XX XX XX”



                          12. Further, in the case of Hitesh Verma (Supra)

          the Hon’ble Supreme Court had held as under:

                                      11. It may be stated that the charge-sheet
                                          filed is for an offence under Section 3(1)
                                          (x) of the Act. The said section stands
                                          substituted by Act 1 of 2016 w.e.f. 26-1-
                                          2016. The substituted corresponding
                                          provision is Section 3(1)(r) which reads
                                          as under:
                                                            “3. (1)(r) intentionally insults
                                                            or intimidates with intent to
                                                            humiliate a member of a
                                                            Scheduled Caste or a
                                                            Scheduled Tribe in any place
                                                            within public view;”
                                      12. The basic ingredients of the offence
Patna High Court CR. APP (SJ) No.3824 of 2021(8) dt.03-02-2026
                                            16/19




                                          under Section 3(1)(r) of the Act can be
                                          classified as
                                                         “(1) intentionally insults or
                                                         intimidates with intent to
                                                         humiliate a member of a
                                                         Scheduled Caste or a
                                                         Scheduled Tribe and (2) in
                                                         any place within public
                                                         view”.
                                      13. The offence under Section 3(1)(r) of the
                                          Act would indicate the ingredient of
                                          intentional insult and intimidation with
                                          an intent to humiliate a member of a
                                          Scheduled Caste or a Scheduled Tribe.
                                          All insults or intimidations to a person
                                          will not be an offence under the Act
                                          unless such insult or intimidation is on
                                          account of victim belonging to Scheduled
                                          Caste or Scheduled Tribe. The object of
                                          the Act is to improve the socio-economic
                                          conditions of the Scheduled Castes and
                                          the Scheduled Tribes as they are denied
                                          number of civil rights. Thus, an offence
                                          under the Act would be made out when a
                                          member of the vulnerable section of the
                                          society is subjected to indignities,
                                          humiliations and harassment. The
                                          assertion of title over the land by either
                                          of the parties is not due to either the
                                          indignities, humiliations or harassment.
                                          Every citizen has a right to avail their
                                          remedies in accordance with law.
                                          Therefore, if the appellant or his family
                                          members have invoked jurisdiction of the
                                          civil court, or that Respondent 2 has
                                          invoked the jurisdiction of the civil court,
                                          then the parties are availing their
                                          remedies in accordance with the
                                          procedure established by law. Such
                                          action is not for the reason that
                                          Respondent 2 is a member of Scheduled
                                          Caste.
Patna High Court CR. APP (SJ) No.3824 of 2021(8) dt.03-02-2026
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                                     14. Another key ingredient of the provision is
                                          insult or intimidation in “any place
                                          within public view”. What is to be
                                          regarded as “place in public view” had
                                          come up for consideration before this
                                          Court in the judgment reported as
                                          Swaran Singh v. State [Swaran Singh v.
                                          State, (2008) 8 SCC 435 : (2008) 3 SCC
                                          (Cri) 527] . The Court had drawn
                                          distinction between the expression
                                          “public place” and “in any place within
                                          public view”. It was held that if an
                                          offence is committed outside the building
                                          e.g. in a lawn outside a house, and the
                                          lawn can be seen by someone from the
                                          road or lane outside the boundary wall,
                                          then the lawn would certainly be a place
                                          within the public view. On the contrary, if
                                          the remark is made inside a building, but
                                          some members of the public are there
                                          (not merely relatives or friends) then it
                                          would not be an offence since it is not in
                                          the public view (sic) [Ed. : This sentence
                                          appears to be contrary to what is stated
                                          below in the extract from Swaran Singh,
                                          (2008) 8 SCC 435, at p. 736d-e, and in
                                          the application of this principle in para
                                          15, below:“Also, even if the remark is
                                          made inside a building, but some
                                          members of the public are there (not
                                          merely relatives or friends) then also it
                                          would be an offence since it is in the
                                          public view.”] . The Court held as
                                          under : (SCC pp. 443-44, para 28)
                                                    “28. It has been alleged in the FIR
                                                    that Vinod Nagar, the first informant,
                                                    was insulted by Appellants 2 and 3
                                                    (by calling him a “chamar”) when he
                                                    stood near the car which was parked
                                                    at the gate of the premises. In our
                                                    opinion, this was certainly a place
                                                    within public view, since the gate of a
                                                    house is certainly a place within
Patna High Court CR. APP (SJ) No.3824 of 2021(8) dt.03-02-2026
                                            18/19




                                                    public view. It could have been a
                                                    different matter had the alleged
                                                    offence been committed inside a
                                                    building, and also was not in the
                                                    public view. However, if the offence is
                                                    committed outside the building e.g. in
                                                    a lawn outside a house, and the lawn
                                                    can be seen by someone from the
                                                    road or lane outside the boundary
                                                    wall, the lawn would certainly be a
                                                    place within the public view. Also,
                                                    even if the remark is made inside a
                                                    building, but some members of the
                                                    public are there (not merely relatives
                                                    or friends) then also it would be an
                                                    offence since it is in the public view.
                                                    We must, therefore, not confuse the
                                                    expression “place within public
                                                    view” with the expression “public
                                                    place”. A place can be a private
                                                    place but yet within the public view.
                                                    On the other hand, a public place
                                                    would ordinarily mean a place which
                                                    is owned or leased by the
                                                    Government or the municipality (or
                                                    other local body) or gaon sabha or
                                                    an instrumentality of the State, and
                                                    not by private persons or private
                                                    bodies.” (emphasis in original)



                          13. In view of the afore-quoted Judgments of the

          Hon’ble Supreme Court and upon reading of the FIR, it is clear

          that the abuses has taken place for occurrence relating to land

          and therefore, the provisions of SC/ST Act will not be

          applicable.

                          14. From the reading of the FIR and from the

          discussions made herein above, it appears that there is no
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                                                      19/19




                    sufficient material against the appellant for which he shall be

                    prosecuted under the provisions of IPC.

                                 15. Considering the aforesaid, this appeal is allowed.

                                 16. Accordingly, the order dated 20.03.2021 passed by

                    the learned Court of Additional District and Sessions Judge-1st-

                    cum-Special Judge, SC/ST Act, Kaimur at Bhabhua in SC/ST

                    Registration No. 351 of 2017 arising out of Chand P.S. Case No.

                    248 of 2017, is hereby quashed.



                                                                (Sandeep Kumar, J)
Vikas/-

U


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