Konde Nageshwar Rao VS A. Srirama Chandra Murty
Criminal P.C. (2 of 1974) , S.482— Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act (33 of 1989) , S.3(1)(viii), S.3(2)(vii)— Quashing of proceedings – Prima facie case – Offence of atrocity – Complainant had alleged that after he had objected to wrongful allotment of plots made by accused, he was falsely implicated with malicious intent in a criminal case since he belonged to Scheduled caste – Allotment made by accused was as per government instructions – Subsequently allotment was cancelled – There was no reason as to why accused would proceed to malafidely involve complainant and his family in said case – Since it was a dispute between two groups belonging to Scheduled Caste, there was no question of involving complainant in case for the reason that he belonged to Scheduled Caste – Intent necessary to constitute offence under SC/ST Act was not made out – Mere pendency of cases between complainant and accused, cannot be a ground for presuming that prosecution initiated against complainant was at the behest of accused and with a false and malicious intent – Criminal proceedings against accused were rightly quashed by High Court.
Judgment and order, Dt. 15.10.2014 (Hyd)-AffirmedAIR 2000 SC 1876-Relied onAIR 2013 SC 1048-Relied onAIR 2018 SC 1498-Relied on(Paras 20212225)
