SC/ST Act :Contradictions in FIR, suit filed on the same day, lack of public view for casteist slur : FIR quashed

Supreme Court Quashes FIR Against Amal Kumar and Others in Landmark Judgment Supreme Court Rules FIR as Abuse of Process; Highlights Contradictions and Lack of Evidence

In a significant judgment, the Supreme Court of India quashed an FIR filed against Amal Kumar and others, accused of caste-based abuses and wrongful dispossession under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The judgment, delivered by Justices Ahsanuddin Amanullah and K. Vinod Chandran, highlighted the contradictions in the allegations and the lack of substantial evidence to support the claims.

The case originated from an FIR lodged at Police Station Kanke, Ranchi, accusing the appellants of criminal conspiracy, forgery, and caste-based abuses. The High Court had previously refused to quash the FIR, citing direct allegations against the appellants. However, the Supreme Court found that the allegations were contradicted by a civil suit filed on the same day, which did not mention the alleged incident.

The appellants argued that the FIR was a counterblast to a complaint filed by them against an extortion attempt. The Supreme Court noted that the FIR lacked evidence of public view for the casteist slur and no dispossession of land was established. The court emphasized that the records showed the land in question was covered by a legitimate sale deed in favor of the first appellant since 2020.

The Supreme Court's decision underscores the importance of examining the totality of circumstances and evidence before proceeding with criminal charges. The judgment serves as a reminder of the judicial system's role in preventing the abuse of legal processes.

Bottom Line:

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - FIR quashing - Allegations of criminal conspiracy, forged documents, and caste-based abuses - FIR quashed as abuse of process of law due to contradictions in FIR and suit filed on the same day, lack of public view for casteist slur, and absence of dispossession of land.

Statutory provision(s): Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 Sections 3(1)(g), 3(1)(s); Criminal Procedure Code, 1973 Section 482

Amal Kumar v. State of Jharkhand, (SC) : Law Finder Doc Id # 2819640