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Patna High Court

VIJAY KUMAR JHAversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The High Court quashed the Special Judge’s order, holding that the dispute is civil in nature, the SC/ST Act does not apply, and there is no sufficient material to frame criminal charges.

Summary

The appellant Vijay Kumar Jha appealed against the Special Judge’s order rejecting his Section 227 CrPC application, which had allowed framing of charges for alleged offences under the IPC and the SC/ST (PoA) Act arising from a land‑sale dispute with Geeta Devi. The complainant alleged that the appellant failed to demarcate the land after receiving Rs 28 lakh and that he, together with a co‑accused, threatened and assaulted her, invoking caste slurs. The High Court examined whether the allegations amounted to criminal offences such as cheating, criminal intimidation or offences under the SC/ST Act, or were merely a civil breach of contract. Relying on several Supreme Court precedents, the Court held that the complaint was essentially a civil dispute, that the ingredients of cheating, intimidation and SC/ST offences were not satisfied, and that there was no sufficient prima‑facie material to justify framing charges. Consequently, the order of the Special Judge was quashed and the appeal was allowed.

Issues considered

  • Whether the facts alleged constitute a criminal offence under the IPC (e.g., cheating, criminal intimidation) or merely a civil breach of contract.
  • Whether the provisions of the SC/ST (Prevention of Atrocities) Act are applicable to the dispute.
  • Whether there is sufficient prima facie material to frame charges under Section 227 of the CrPC.
  • Whether the Special Judge’s order rejecting the Section 227 application should be set aside.

Legislation cited

Subjects

  • land dispute
  • civil vs criminal
  • Section 227 CrPC
  • SC/ST (PoA) Act
  • cheating
  • breach of contract
  • criminal intimidation
  • framing of charges
  • abuse of process

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   CRIMINAL APPEAL (SJ) No.983 of 2022
                 Arising Out of PS. Case No.-167 Year-2018 Thana- KHODAWANDPUR District- Begusarai
                 ======================================================
                 Vijay Kumar Jha Son Of Lae Shivchandra Jha Resident Of Village - And
                 P.O.- Bara, P.S.- Khodawandpur, Distt.- Begusarai.

                                                                                ... ... Appellant/s
                                                      Versus
           1.    The State of Bihar
           2.    Geeta Devi W/o Ramchandra Choudhary Resident of Village - Singhia-
                 Buzurg South, Ward no.12, P.S.- Bibhutipur, Distt.- Samastipur.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s       :      Mr. Ajay Kumar Thakur,
                                                  Mr. Pravin Kumar
                                                  Mrs. Vaishnavi Singh
                 For the Respondent/s      :      Mr. Binay Krishna
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

9   20-01-2026                         Heard the parties.

                                       2. This appeal is filed against the order dated

                    18.09.2021 passed by learned Special Judge, SC/ST (POA) Act,

                    Begusarai in Khodawandpur P.S.Case No.167/2018 by which

                    the learned Special Judge, SC/ST (POA) Act, Begusarai has

                    rejected the application filed by the appellant under Section 227

                    of Cr.P.C. holding that there are sufficient prima facie materials

                    on the record for framing of charges against the appellant under

                    sections 341, 323, 420, 467, 468, 471, 504, 506/34 of the Indian

                    Penal Code and section 3(1)(r), (s), (w), 3(2) (va) of the SC/ST

                    (PoA)Act.
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                           3. The prosecution case in brief is that one Geeta

           Devi filed a complaint petition in the court of learned Special

           Judge, SC/ST (PoA) Act, Begusarai being Complaint Case

           No.56 C of 2018 stating therein that she has talked to accused

           no. 1 for purchasing 3 katha 2 dhurs and 10 dhurki of land for a

           consideration amount of Rs.28 lacs for the purpose of

           construction of her house. She went at the land and after being

           satisfied, asked the appellant to demarcate the land and also

           asked for construction of the boundary on the land but the

           accused no.1 stated that only after deposition of the

           consideration amount, measurement will be done and boundary

           wall will be constructed. Thereafter, the complainant asked the

           accused no. 1 to prepare the sale deed and has said that she will

           give the consideration money when the deed will be placed

           before the Registrar but the same has been denied by the

           accused no. 1.

                           4. Acting upon the same, the complainant, after

           selling the house and land of her parental home, had given Rs.8

           lacs to accused no.1 at the house of Munsi Ram Padarath Mahto

           in presence of witness Rahul Kumar and accused also gave

           receipt of receiving the said amount. Again Rs.12 lacs was

           given in the hand of accused for which receipt was given to her
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           and again Rs.5 lacs was given to accused No.1 and thereby she

           paid the consideration amount and also gave Rs.32,000/- in

           cash for purchasing the documents of registry. After the deed

           was registered, complainant told the accused no.1 that if

           demarcation will be done she will purchase bricks and sands for

           construction of the house but till date, the accused has not

           demarcated the land rather accused no.1 and 2 abused the

           complainant and her witness by taking caste name and has also

           said that he will not measure the land and and threatened the

           complainant that if she will go to the land in question then she

           will be cut into pieces. It is also alleged that both the accused

           persons have assaulted the complainant with fist and slaps and

           misbehaved with her.

                           5. On the basis of the aforesaid complaint, the

           police has registered an FIR bearing Khodawandpur P.S.Case

           No.167 of 2018 under sections 341, 323, 354, 406, 420,

           467/504 of the Indian Penal Code and sections 3(r)(s) of the

           SC/ST (PoA) Act and after investigation, submitted charge-

           sheet being Chargesheet No.30/2019 dated 5.3.2019.

                           6. It has been submitted by the learned counsel for

           the appellant that at the stage of framing charge, an application

           was filed on behalf of the appellant under section 227 of the
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           Code of Criminal Procedure and rejoinder was filed on behalf

           of the prosecution to the said application filed by the appellant

           under section 227 of the Cr.P.C. thereafter the learned Special

           Judge, SC/ST (PoA) Act, Begusarai vide order dated

           18.09.2021 has rejected the petition filed by the appellant.

                           7. Learned counsel for the appellant further

           submits that upon bare perusal of the complaint, it appears that

           no offence under sections 406, 420, 467 or 354 of the Indian

           Penal Code will be made out against the appellant as upon

           payment of the above-mentioned consideration amount, the sale

           deed of 3 katha 02 dhurs 10 dhurki of land was executed. He

           also submits that the complainant/informant also came in

           possession of the plot in question.

                           8. Learned counsel for the appellant has further

           submitted that the appellant has sold his entire land i.e. 3 katha,

           2 dhurs, 10 dhurki land to the complainant and now he has no

           land in the aforesaid two khesra being Khesra No. 1297 and

           1298/2093 of Khata no.281 and once the appellant has sold his

           entire share of land of the aforesaid khesra, there was no

           question of any demarcation to be done by him.

                           9. Learned counsel for the appellant has submitted

           that only after measurement of the land in question, the
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           complainant purchased the land and she has not even given the

           full consideration amount. He further submits that the learned

           Special Judge ought to have taken into consideration provisions

           of sections 420, 467, 468 and other provisions of the Indian

           Penal Code before passing the impugned order.

                           10. Learned counsel for the appellant,relying on

           the aforesaid submissions, has submitted that the learned

           Special Judge has erred in rejecting the application filed on

           behalf of the appellant under section 227 of the Cr.P.C. and if

           the impugned order is allowed to stand, the same will cause

           irreparable loss to the appellant and the same will be the abuse

           of the process of court.

                           11. 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.

                           12. Learned counsel for the State has opposed the

           prayer of the appellant and has supported the impugned order.

                           13. I have heard and considered the submission of

           the parties.

                           14. The central issue in the present case is with

           respect to sale of a piece of land for which the appellant had
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           allegedly sold 03 katha 02 dhurs 10 dhurki of land and the

           complainant had made a payment towards the aforesaid

           purchase. From the reading of the complaint petition and the

           solemn affirmations, it is clear that the dispute between the

           parties is with respect to the denial of possession by the accused

           persons which is civil in nature and is being given a criminal

           colour for vexatious purposes.

                           15. 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
                                          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
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                                            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
                                                    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
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                                                    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.
                                       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
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                                            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 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
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                                            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
                                                   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
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                                                    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
                                                    to make timid or fearful, especially :
                                                    to compel or deter by or as if by
                                                    threats. The threat communicated or
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                                                    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
                                           such attempts of making out a criminal
                                           case on the basis of vague and ex
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                                            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
                                                   case is not exclusively dependent on
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                                                      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
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                                                    court are generally not interfered
                                                    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
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                                                      document and evidence available to
                                                      the   court     till   that   stage.
                                                      Substantiated reasons and 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
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                                                    the final step in the investigation.
                                                28. The final report has to be prepared
                                                    with these aspects in mind and
                                                    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”



                           16. 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
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                                                                of a Scheduled Caste or a
                                                                Scheduled Tribe in any place
                                                                within public view;”
                                       12. The basic ingredients of the offence
                                           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
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                                           accordance      with    the     procedure
                                           established by law. Such action is not for
                                           the reason that Respondent 2 is a
                                           member of Scheduled Caste.
                                      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
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                                                    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 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)



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

           Hon’ble Supreme Court and upon reading of the complaint

           petition, 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.
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                                     18. From the reading of the complaint case and

                     from the discussions made herein above, it appears that there is

                     no sufficient material against the appellant for which he shall

                     be prosecuted under the provisions of IPC.

                                     19. Considering the aforesaid, this appeal is

                     allowed.

                                     20. Accordingly, the order dated 18.09.2021 passed

                     by the learned Special Judge, SC/ST (POA) Act, Begusarai in

                     Khodawandpur P.S.Case No.167/2018, is hereby quashed.



                                                                   (Sandeep Kumar, J)
Vikas/-

U


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