BENGALURU: False cases filed under the Scheduled Caste and the Scheduled Tribe (Prevention of Atrocities) Act, 1989, are clogging the judicial system and consuming considerable time of courts, the Karnataka HC has observed in a judgement, while quashing proceedings registered under the Act against two brothers following a civil dispute, reports P Vasantha Kumar.
It said such cases are an abuse of law, and must be nipped, failing which they might burden the criminal justice system, besides becoming a harassment to petitioners and resulting in miscarriage of justice.
Petitioners Purushotham Patel and brother Rasik Lal Patel had challenged the proceedings initiated against them based on a complaint lodged by one Purushotham, a neighbouring landowner. The complaint was registered by Bengaluru's Ramamurthy Nagar police under IPC sections and alo under Section 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.
The petitioners' father had purchased the property measuring 14,100 sqft, situated in KR Puram, from the father of the complainant three decades ago. The brothers were running a timber business on the piece of land.
In 2015, Purushotham filed a civil suit against the petitioners and others, citing relief of partition, on the ground that the properties belonged to his family members. Thereafter, the petitioners registered an independent suit in 2018, seeking injunction, following alleged harassment from Purushotham. They also registered a trespass case.
On coming to know that the police are filing chargesheet in the case, complainant Purushotham registered a criminal case.
The petitioners claimed that fraud is now alleged in relation to a transaction that took place between their and the complainant's fathers. They added that they were in possession of the property for close to five decades and the family of the complainant is fully aware of the same. They further pointed out that the complaint was filed just when the complainant came to know that police are going to file chargesheet against him in connection with the complaint filed by them.
On the other hand, Purushotham argued that the police have filed the chargesheet against the petitioners wherein the allegation is about tampering of records and the same should be allowed to be continued.
After perusing the materials on record, Justice Nagaprasanna said the case is a classic illustration of misuse of the provisions of the Prevention of Atrocities Act and the penal provisions under the IPC.
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