Complainant's Caste Is Of Paramount Importance & Is 'Sine Qua Non' In A Case Under SC/ST Act: Madhya Pradesh High Court
3 years, 3 months ago

Complainant's Caste Is Of Paramount Importance & Is 'Sine Qua Non' In A Case Under SC/ST Act: Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court on Tuesday observed that in a case under SC/ST Act, the caste of the complainant is of paramount importance and is a sine qua non and that it can't be assumed that the complainant would forget to mention in the FIR that the assailants had made aspersions against his caste.Holding thus, the Bench of Justice Subodh Abhyankar quashed charge under Section 3 of. The Madhya Pradesh High Court on Tuesday observed that in a case under SC/ST Act, the caste of the complainant is of paramount importance and is a sine qua non and that it can't be assumed that the complainant would forget to mention in the FIR that the assailants had made aspersions against his caste. Holding thus, the Bench of Justice Subodh Abhyankar quashed charge under Section 3 of the SC/ST Act, 1989 against a man who has been accused of making aspersions on the caste of the complainant party. The caste of the complainant is of paramount importance and is a sine qua non in a case under the SC/ST Act and it cannot be assumed that the complainant would forget to mention in the FIR that the assailants also made aspersions against his caste," the Court further added.

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History of this topic

Madhya Pradesh High Court Annual Digest Part 1: Citations 1-133
6 days ago

Madhya Pradesh High Court Annual Digest Part 1: Citations 1-133

Live Law  

Citations: 2024 LiveLaw 1 To 2024 LiveLaw 133 The appellant in this case held lease hold rights on behalf of Indian Oil Company qua a retail outlet at Satna. Wife's Refusal To Consummate Marriage Amounts To Mental Cruelty, Ground For Divorce: MP High Court Title: Sudeepto Saha v. Moumita Saha Citation: 2024 LiveLaw 6 The Madhya Pradesh High Court has …

Complaint Didn't Mention Accused Was Aware Of Cast, Alleged Remark Wasn't Made In Public: Punjab & Haryana HC Quashes SC/ST Act Case
1 month ago

Complaint Didn't Mention Accused Was Aware Of Cast, Alleged Remark Wasn't Made In Public: Punjab & Haryana HC Quashes SC/ST Act Case

Live Law  

The Punjab & Haryana High Court has quashed the FIR and related proceedings under the Scheduled Castes and the Scheduled Tribes Act, 1989, observing that it was no where mentioned in the FIR lodged by the complainant that accused persons were aware of his caste. These observations were made while hearing the plea to quash the criminal complaint lodged in …

SC/ST Act | Desirable To Outline Caste Related Utterances In FIR Or Chargesheet Before Subjecting Accused To Trial: Supreme Court
1 year, 7 months ago

SC/ST Act | Desirable To Outline Caste Related Utterances In FIR Or Chargesheet Before Subjecting Accused To Trial: Supreme Court

Live Law  

Before subjecting an accused to a trial for alleged commission of offence under Section 3 of the the Scheduled Castes and the Scheduled Tribes Act, 1989, it is desirable that the caste related utterances are outlined either in the FIR or, atleast, in the chargesheet, said the Supreme Court recently. “Since section 18 of the SC/ST Act bars invocation of …

Madhya Pradesh High Court Rejects Application For Compounding Of Offences U/S 307, 498A IPC Based On Compromise Between Parties
2 years, 11 months ago

Madhya Pradesh High Court Rejects Application For Compounding Of Offences U/S 307, 498A IPC Based On Compromise Between Parties

Live Law  

The Madhya Pradesh High Court, Gwalior Bench recently dismissed an application filed for compounding of offences under Sections 307 and 498-A read with Section 34 of IPC, based on a compromise between the parties involved. Vs. Deepak the Hon'ble Apex Court has had an occasion to consider whether the High Court can quash the FIR/complaint/criminal proceedings, in exercise of the …

Supreme Court Raps State Of Madhya Pradesh For Its Callous Way To Implement Orders Passed By It
3 years, 1 month ago

Supreme Court Raps State Of Madhya Pradesh For Its Callous Way To Implement Orders Passed By It

Live Law  

The Supreme Court on Friday rapped the State of Madhya Pradesh for its callous way to implement the orders passed by the Top Court. The Top Court on October 21, 2021 had issued notice in the Special Leave Petitions assailing Madhya Pradesh High Court of quashing FIR registered against the accused u/s 420, 467, 468, 472 and 120-B of IPC.The …

Castiest Remarks Made Over The Phone Is not An Offence Under SC/ST Act : Punjab & Haryana HC [Read Order]
4 years, 7 months ago

Castiest Remarks Made Over The Phone Is not An Offence Under SC/ST Act : Punjab & Haryana HC [Read Order]

Live Law  

The Punjab and Haryana High Court has held that a casteist remark against a member of the Scheduled Caste community, which is made over a phone call, does not constitute an offence under the Scheduled Castes and Scheduled Tribes Act, 1989. "Merely uttering such wrong words in the absence of any public view does not show any intention or mens …

Review/Recall/Modification Of Orders/Judgments Barred In Criminal Matters: SC [Read Order]
5 years, 7 months ago

Review/Recall/Modification Of Orders/Judgments Barred In Criminal Matters: SC [Read Order]

Live Law  

An application for review or modification could not have been entertained, the Supreme Court observed while setting aside a High Court order in a Section 482 CrPC petition. A man accused of offences under Section 364 and 323 read with Section 34 of the Indian Penal Code had approached the Madhya Pradesh High Court seeking to quash the FIR. The …

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