State of M.P. vs Hadi Khan and Another

M.K. Mudgal, J.—Heard on admission.

The petitioner/state has filed this criminal revision u/s 397 read with section 401 of the Cr.P.C. being aggrieved by the order dated 16th October, 2008 passed by the Court of Special Judge (SC ST Act), Guna in Special Sessions Trial No. 109 of 2006 discharging the respondents from the offence punishable u/s 3(1)(viii) of Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act (hereinafter would be referred as to ''the Act'').

The facts, in brief are that on the written report of complainant Mahila Kalabai to Collector Ashoknagar on 8.4.2006, FIR u/s 344 read with Section 34 of IPC and Section 3(1)(viii) of the Act was registered bearing Crime No. 174 of 2006 at PS Kotwali district Ashok Nagar against the respondents-accused on the ground that the accused used to demand the amount of loan advanced to the husband of the complainant charging interest at exorbitant rate and on refusal to do so, the accused-respondents caught hold of husband of complainant Gajraj and hurled abuses pertaining to the complainant''s caste. During course of investigation, the statements were recorded. After investigation, the charge sheet was filed in the Court of JMFC, Guna who in turn, committed the case to the Special Court which was tried as Special Sessions Trial No. 109 of 2006. Learned Special Judge Guna considering the charge sheet and the documents submitted therewith did not frame the charge under sections 3(1)(viii) of the Act and remitted the case to the JMFC for trial of the remaining offence.

Learned counsel for the petitioner/state submits that the finding recorded by the learned trial court discharging the accused u/s 3(1)(viii) of the Act are not based on proper approach. Hence, the counsel prayed for setting aside the impugned order and directing the trial court for framing the charge for the aforesaid offence. The offence u/s 3(1)(viii) of the Act reads as under:

Punishment for offences of atrocities: (1) Whoever, not being a member of a Scheduled Caste or a Scheduled Tribe,-

(viii). institutes false, malicious or vexatious suit or criminal or other legal proceedings against a member of a Scheduled Caste or a Scheduled Tribe;

On perusal of the record, it becomes clear that the accused had never issued any demand notice for the alleged sum of Rs. 2000/- along with the rate of interest at the rate of 10% per annum and no document of any such transaction was seized during investigation and even no suit was filed for recovery of the said amount against the complainant''s husband. The learned trial court having considered the aforesaid facts in para 5 of the impugned order has rightly concluded that there was no prima facie sufficient evidence on record for framing the charge u/s 3(1)(viii) of the Act. No illegality is found in the impugned order.

Hence, no interference is thus, required in it. Therefore, the revision petition being merit-less and insubstantial is hereby dismissed.