Court finds allegations against Biswanath Mondal and others to be retaliatory and without sufficient evidence, quashes charges under SC/ST Act and several IPC sections.
In a significant judgment dated March 6, 2026, the Calcutta High Court quashed proceedings against Biswanath Mondal and others under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, and several sections of the Indian Penal Code (IPC). The court found that the allegations were retaliatory, lacked statutory compliance, and there was an unexplained delay in lodging the complaint.
The case arose from a long-standing civil dispute over land between the petitioners and the complainant, who belongs to a Scheduled Caste. The complainant alleged humiliation based on caste, illegal construction, and other criminal offenses by the petitioners. However, the court noted that the mere fact that the complainant belongs to a Scheduled Caste does not establish an offense unless there is an evident intention to humiliate based on caste.
Justice Chaitali Chatterjee Das, presiding over the case, highlighted the absence of any public view during the alleged incidents and the lack of compliance with Sections 154(1) and (3) of the Code of Criminal Procedure (CrPC) before invoking Section 156(3) CrPC. The judgment emphasized that an application under Section 156(3) should not be entertained without exhausting remedies under Section 154 CrPC.
The court also pointed out that the chargesheet included multiple sections of the SC/ST Act without basis, indicating overenthusiasm by the investigating officers. The judgment cited several Supreme Court cases, including Hitesh Verma v. State of Uttarakhand and Gorige Pentaiah v. State of AP, to reinforce that an offense under the SC/ST Act is not established merely on the complainant's caste unless intended humiliation is evident.
Ultimately, the court quashed the proceedings against Mondal and his wife under the SC/ST Act and certain IPC sections. However, it allowed the trial to continue against another accused under other IPC sections, ensuring that justice is served while preventing the misuse of legal provisions.
Bottom Line:
Quashing of proceedings under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Allegations of humiliation based on caste name - Retaliatory and mala fide intent inferred due to unexplained delay, prior disputes, and absence of statutory compliance under Section 154 CrPC.
Statutory provision(s):
Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) Act, 1989 Section 3(1)(r)/(s), Code of Criminal Procedure, 1973 Sections 154(1)/(3), 156(3), Indian Penal Code Sections 420, 406, 465, 447, 323, 325, 354B, 379, 506, 120B.
Biswanath Mondal v. State of West Bengal, (Calcutta) : Law Finder Doc id # 2862203
