CASE TITLE:
B. Venkateswaran & Ors. vs. P.Bakthavatchalam.
DATE OF ORDER:
5 Jan 2023.
JUDGE(S):
Mr. Justice M. R. Shah and Krishna Murari.
PARTIES:
Petitioner: B. Venkateswaran.
Respondent: P.Bakthavatchalam.
SUBJECT
In the present case, the Court is dealing with a matter related to Section 482 of the Cr.P.C. which is initiated by the private respondent. Criminal Proceedings were inititated against the petitioners for offences under Sections 3 (1)(v) and (va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.
FACTS OF THE CASE
- The respondent herein has filed a private complaint under Section 200 of the Code of Criminal Procedure (hereinafter to be referred as “Cr.P.C”) in the Court of learned Metropolitan Magistrate, Egmore, Chennai.
- The respondent filed the above complaint alleging offence under Sections 3(1)(v) and (va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.
- The respondent inter alia alleged that the petitioners here are the original accused who have conspired and unlawfully encroached the pathway adjacent to his house and started to construct temple.
- It was alleged that the above mentioned temple caused obstructions to the respondent to enjoy his property as it was built up on the complainant water pipeline, Sewage Pipeline and EB cable.
- Even after the High Court passed an order, the accused persons did not stop the illegal construction. Hence, they committed atrocities on the peaceful living of his family.
- Furthermore, the complainant was prevented from putting up further construction on his building and criminally intimidated by the accused persons.
- The Special Court recorded the sworn statement of the complainant under Section 200 of the Cr.P.C. and also examined the witnesses under Section 202 of the Cr.P.C who were produced by the complainant after the receipt of the complaint. The Special Court took cognizance of the case under Section 3(1)(v) and (va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 and issued summons to the accused persons.
- The accused persons were aggrieved by the above judgement by the Special Court. Hence, they filed the petition under Section 482 of the Cr.P.C. before the High Court to quash the criminal proceedings against them.
- The High Court dismissed the above petition.
ANALYSIS OF THE COURT
- The Court observed that the criminal proceedings against the appellants was an abuse of process of law and the court.
- The Court also noted that there was a private dispute going on between the parties with respect to the illegal construction.
- It was also observed that in the entire complaint there were no allegations that the complainant was obstructed and/or interfered with enjoyment of his right on his property deliberately and wilfully knowing that complainant belongs to SC/ST.
- The Commissioner of Chennai conducted an inspection and found that there was no encroachment by the temple.
- Most importantly it was seen that none of the ingredients of the alleged sections were made out and/or satisfied.
- The Court proceeded with the present appeal and dismissed the judgement passed by the High Court.
CONCLUSION
Parties shall not express their personal dispute as a false case in the court. This will create a ruckus in the field of law and thereby will be a waste the time of the judge as well as the parties contracting the litigation.
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