Created by Fuzzy Cloud

Patna High Court

Shobha DeviversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

No prima facie material exists to sustain charges under IPC 323, 354 and SC/ST Act Sections 3(x) and 3(xi); the order refusing discharge is set aside and the appellants are discharged.

Summary

The appellants were charged under IPC sections 323 and 354 and Sections 3(x) and 3(xi) of the SC/ST (Prevention of Atrocities) Act for allegedly assaulting and abusing a Scheduled Caste woman during a land dispute. The Special Court had taken cognizance of the offences, but the appellants sought discharge under Section 227 of the CrPC, arguing the case stemmed from a civil land dispute. The High Court examined the complainant's statement and the surrounding circumstances, noting that the alleged abuse was not in public view and there was no evidence of intent to humiliate the victim on the basis of her caste. Relying on the Supreme Court’s decision in Hitesh Verma v. State of Uttarakhand, the Court held that mere caste identity without intent does not attract the SC/ST Act. Consequently, the Court found no prima facie material to sustain the charges and set aside the order refusing discharge, granting the appellants a discharge. The appeal was allowed.

Issues considered

  • Whether the alleged assault and verbal abuse constitute an offence under Sections 3(x) and 3(xi) of the SC/ST (Prevention of Atrocities) Act.
  • Whether there is sufficient prima facie material to frame charges under IPC Sections 323 and 354 in the context of a land dispute.
  • Whether the appellants are entitled to discharge under Section 227 of the Criminal Procedure Code.

Legislation cited

Subjects

  • land dispute
  • SC/ST Act
  • scheduled caste
  • intention to humiliate
  • IPC 323
  • IPC 354
  • Section 227 CrPC
  • discharge
  • abuse of process

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.4171 of 2024
                 Arising Out of PS. Case No.-75 Year-2010 Thana- COMPLAINT CASE District- Lakhisarai
                 ======================================================
           1.     Shobha Devi Wife of Wakil Sah Resident of Village-Saidpura, P.S.-
                  Surajgarha, Distt.- Lakhisarai
           2.    Wakil Sah Son of Late Hazari Sah Resident of Village-Saidpura, P.S.-
                 Surajgarha, Distt.- Lakhisarai
           3.    Sujeet Kumar Son of Wakil Sah Resident of Village-Saidpura, P.S.-
                 Surajgarha, Distt.- Lakhisarai
           4.    Dayanand Tamoli Son of Late Ram Khelavan Bhagat Resident of Village-
                 Saidpura, P.S.- Surajgarha, Distt.- Lakhisarai

                                                                                   ... ... Appellant/s
                                                       Versus
           1.    The State of Bihar
           2.    Permila Devi Wife of Devendea Paswan @ Lakindra Paswan Resident of
                 Village-Saidpura, P.S.- Surajgarha, Distt.- Lakhisarai

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Ms. Jyoti Ranjan Jha, Advocate
                 For the State           :        None
                 For the Informant       :        None
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

4   15-04-2026                  Herd learned counsel for the petitioner.

                                2. The present appeal has been filed for setting

                   aside the order dated 25.07.2024 passed by the learned

                   Additional District and Sessions Judge 1st-cum Special

                   Judge, Lakhisarai in connection with Complaint Case No.

                   09C of 2018 (arising out of Complaint Case No. 75(C) of

                   2010 in connection with SC/ST P.S. Munger Case No. 51 of

                   2008), whereby the petition filed by the appellants for
Patna High Court CR. APP (SJ) No.4171 of 2024(4) dt.15-04-2026
                                             2/8




          discharge under Section 227 of Cr.P.C. has been dismissed.

                       3. The prosecution case is lodged on the basis of

          FIR bearing SC/ST P.S. Case No. 51 of 2008, alleging

          therein that in the year 2007, the informant/respondent no. 2

          had taken a piece of land having an area of 1½ decimal for a

          period of six years, with the condition that the owner would

          deposit the interest for the aforesaid period. The land was

          purchased along with two pucca constructed rooms situated

          in Khata No. 10, Kheshra No. 53. On 10.06.2008, the

          appellants along with 4 to 5 unknown persons arrived with

          weapons, entered into the house of the respondent no. 2,

          started abusing her by her caste name, and said that why she

          had got the land executed in her favour from their brother.

          Upon this, the appellants started abusing and also looted

          household articles, including cash.

                       4. The police investigated the case and, after

          investigation, submitted a final form on 30.09.2008,

          exonerating the appellants with the observation that the case

          is civil in nature. A protest petition-cum-complaint was filed

          by respondent no. 2, bearing Complaint Case No. 75C of

          2010, against the appellants and one other person and in her
Patna High Court CR. APP (SJ) No.4171 of 2024(4) dt.15-04-2026
                                             3/8




          S.A. she has said that she had purchased 1.5 decimal of land

          with house from Ranjeet Sah as sudbharna. At about 04:00

          p.m., while the complainant was working, the aforesaid

          persons arrived, abused and ousted her, and also assaulted

          her with slaps and fists.

                       5. The learned Special Court took cognizance of

          the offences on the basis of S.A. and inquiry witnesses

          under Section 323, 354 of IPC and Section 3(x) (xi) of

          SC/ST Act, 1989 on 18.08.2011.

                       6. The appellants challenged the order taking

          cognizance before this Court in Criminal Misc. No. 37068

          of 2011, which was disposed of vide order dated

          06.12.2013, with liberty to the appellants to raise all the

          contentions at the time of framing of charge. Accordingly,

          the appellants filed a petition before the Special Court,

          having Case No. 09C/2018, under Section 227 Cr.P.C. for

          their discharge on several grounds, including the ground

          that due to a land dispute, the present FIR/complaint has

          been lodged.

                       7. Learned counsel for the appellants submits that

          there is long-standing land dispute between the appellants
Patna High Court CR. APP (SJ) No.4171 of 2024(4) dt.15-04-2026
                                             4/8




          and their brother, Ranjeet Sah. The present case has been

          lodged at the behest of Ranjeet Sah. The FIR, at the first

          instance,       was      investigated         and      during   course   of

          investigation, respondent no. 2 gave statement before the

          police that on the date of occurrence, no incident had taken

          place and only a scuffle had occurred due to the land

          dispute. The police, accordingly, on 30.09.2008, submitted a

          final form exonerating the appellants on the ground that

          there was land dispute between the parties. The charge-

          sheet has been accepted by the learned Special Court.

          Thereafter, a protest-cum-complaint petition was filed

          before the Chief Judicial Magistrate on 19.07.2008, and

          upon inquiry and examination of witnesses, the learned

          Magistrate took cognizance of the offences under Sections

          323, 354 of the IPC and Section 3(x)(xi) of the SC/ST Act,

          1989.

                       8. The learned counsel next submits that from

          perusal of the S.A. of the complainant, it is clear that while

          the complainant was at her home, the appellants entered

          into the house and abused her and also assaulted her with

          fists and slaps. The place of occurrence is the house of the
Patna High Court CR. APP (SJ) No.4171 of 2024(4) dt.15-04-2026
                                             5/8




          complainant, which was not in full public view. It is a case

          of land dispute between the appellants and their brother

          Ranjeet Sah on whose behest the present complaint has

          been filed, in which Ranjeet Sah is also a witness. There are

          so many cases that have been filed between Ranjeet Sah and

          the appellants, and the orders passed therein have been

          annexed at Annexure P/8, P/9, and P/10. The complaint

          against the appellants under the SC/ST Act and other

          Sections of IPC has been filed in abuse of the process of

          court, and from perusal of the S.A. and the inquiry witness,

          there is no material to frame charge against the appellants

          under Sections 3(x) (xi) of SC/ST Act, 1989, inasmuch as

          assuming that the statement made by the complainant is

          true, any abuse to her was not intentional with intent to

          humiliate a member of scheduled caste.

                       9. No-one appears for the State as well as

          respondent no. 2.

                       10. I have heard learned counsel for the appellants

          and have gone through the material on record, including the

          S.A. of the complainant, and statement of the inquiry

          witnesses.
Patna High Court CR. APP (SJ) No.4171 of 2024(4) dt.15-04-2026
                                             6/8




                       11. From perusal of the S.A. of the complainant, it

          appears that the abuse which was made to her in her caste

          name was not in public view. As per the allegation of the

          complainant, while she was working at her home, the

          appellants entered and abused her by caste name on the

          ground that why she had purchased a piece of land from

          their appellants brother. Section 3(x) cannot be attracted

          merely on the fact that the complainant is a member of

          Scheduled Caste or Scheduled Tribe unless the insult or

          intimidation is with the intention to humiliate such a

          member of the community. Any insult or intimidation

          towards the complainant must be on account of such person

          being a member of Scheduled Castes. The fact that the

          complainant belongs to Scheduled Caste would not be

          enough in the background of the case that there was a long-

          standing land dispute between the appellants and their

          brother Ranjeet saw from whom the complainant had

          purchased a piece of land along with small house on

          payment of Rs. 17000/-.

                       12. In the case of Hitesh Verma v. State of

          Uttarakhand and Anr. reported in (2020) (10) SCC 710, the
Patna High Court CR. APP (SJ) No.4171 of 2024(4) dt.15-04-2026
                                             7/8




          Hon’ble Supreme Court has held that offence under the

          SC/ST is not established merely on the fact that informant is

          a member of SC (Scheduled Caste) unless there is intention

          to humiliate the member of the Scheduled Caste

                       13. In paragraph 16 of the said judgment, the

          Hon’ble Supreme Court has further observed that there is a

          dispute about the possession of the land which is the

          subject-matter of civil dispute between the parties. Since the

          matter is regarding possession of property pending before

          the civil court, any dispute arising on account of possession

          of the said property would not disclose an offence under the

          Act unless the victim is abused, intimidated or harassed

          only for the reason that she belongs to Scheduled Caste or

          Scheduled Tribe.

                       14. In the present case, the land dispute between

          the parties is admitted; both the parties, i.e., the vendor of

          the complainant and the appellants, are litigating over the

          title/possession of the land in question, and several cases are

          pending between them, including the Purcha Cancellation

          case filed by Ranjeet Shah, which has been rejected, and the

          Title Suit bearing No. 62/2016, which is also pending
           Patna High Court CR. APP (SJ) No.4171 of 2024(4) dt.15-04-2026
                                                        8/8




                     between the appellants and Ranjeet Sah. From the records,

                     the aforesaid discussion, and attending circumstances, it

                     does not appear that the appellants abused the informant

                     with intention to humiliate or demean the dignity/status of

                     the informant. The case under Section 3(x) (xi) of the

                     SC/ST Act is the result of the land dispute between the

                     parties.

                                  15. Taking into consideration the materials on

                     record and the aforesaid discussion, this Court is of the

                     opinion that no prima facie material is there against the

                     appellants to frame charges under Sections 323 and 354 of

                     the IPC and Sections 3(x) and (xi) of the SC/ST Act, 1989.

                     Accordingly, the impugned order dated 25.07.2024,

                     refusing to discharge the appellants, is set aside and

                     appellants are discharged.

                                  16. Accordingly, the appeal is allowed.



                                               (Anil Kumar Sinha, J)
Siwani/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.