Prayagraj (UP), Sep 12 The Allahabad High Court has observed that provisions of the SC/ST Act cannot be invoked on someone solely because the complainant belongs to Scheduled Caste or Scheduled Tribe.
Justice Santosh Rai made the observation while quashing criminal proceedings against an accused to the extent of SC/ST Act. Though the dispute was relating to a property but SC/ST Act was added because one party which was complainant was Scheduled Caste.
The court said that the mere fact that a complainant belongs to SC/ST, an offence under the SC/ST Act does not attract. For constituting an offence under the SC/ST Act, its ingredients must be present.
Partly allowing the criminal appeal filed by Raju Kuraishi and four other accused persons, Justice Rai said, "So far as the offence under the SC/ST Act is concerned, there is no material in the FIR or case diary to indicate that the accused-applicant used any caste based words or abused, insulted or humiliated the victim on the ground of his belongings to Scheduled Caste or Scheduled Tribes."
"Admittedly, the dispute between the parties essentially arise from a transaction concerning sale of disputed property," the court added.
In the judgement dated September 8, the court directed that the accused be discharged so far as SC/ST Act is concerned passed by special judge SC ST Act Ghaziabad.
However, the high court made it clear that the criminal proceedings will continue so for as other offence like cheating is concerned. The FIR against the accused was lodged at Loni police station in Ghaziabad.
