Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 – s.3(1)(iv) – Respondent no.2 filed complaint against one V and appellants which culminated into FIR u/ss.498A, 406 and 420 of the IPC and s.3(1)(iv) of the SC/ST Act – The Additional Judicial Commissioner took cognizance against one V and appellants on 13.06.2019 in SC/ST Case No.08/2017 – The High Court set aside the cognizance order and remitted the matter to the Additional Judicial Commissioner to pass order afresh as in the cognizance order, prima facie material against the appellants had not been disclosed – Correctness:
Held: Approach of the High Court was erroneous – Perusal of the order taking cognizance dated 13.06.2019 discloses that the Additional Judicial Commissioner has stated that the ‘case diary and case record’ have been perused, which disclosed a prima facie case made out u/ss.498A, 406 and 420 of the IPC and s.3 (1)(g) of the SC/ST Act against the accused including appellants – Further, this Court finds the approach of the Additional Judicial Commissioner correct inasmuch as while taking cognizance, it firstly applied its mind to the materials before it to form an opinion as to whether any offence has been committed and thereafter went into the aspect of identifying the persons who appeared to have committed the offence – Accordingly, the process moves to the next stage; of issuance of summons or warrant, as the case may be, against such persons – In the instant case, the Additional Judicial Commissioner has taken cognizance while recording a finding that - from a perusal of the case diary and case record, a prima facie case was made out against the accused, including the appellants – On an overall circumspection of the facts and circumstances of the case, the order taking cognizance dated 13.06.2019, being in accordance with law, was not required to be interfered with by the High Court. [Paras 15, 16, 21] Penal Code, 1860 – ss.498A, 406 and 420 – Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 – s.3(1)(iv) – Whether the FIR (u/ss.498A, 406 and 420 of the Penal Code, 1860 and s.3(1)(iv) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989) itself was instituted with mala fide intention and was liable to be quashed:
Held: Perusal of the entire gamut of the pleadings of the appellants does not disclose any categorical statement to the effect that during investigation by the police, no evidence has emerged to warrant taking of cognizance, much less against the appellants – The only averment which has been made is that the Trial Court had not recorded the prima facie material against the appellants because it does not exist – This is too simplistic an argument and does not shift the burden from the appellants of taking a categorical stand that no material whatsoever for taking cognizance is available in the police papers/case diary against the appellants – Be it noted, the State has argued that sufficient material warranting cognizance has been unearthed during the course of investigation – Also, chargesheet mentions that on the basis of investigation, site inspection and statements of the complainant, the police has found the allegations true against all the accused including appellants. [Paras 19, 20]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Ankit Gyan. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
This page is for informational and research purposes only and does not constitute legal advice. Consult a qualified advocate for advice specific to your situation.