Man Dispossessed Of House Due To Caste Prejudice: Delhi Court Orders Police, DM To Intervene & Make Arrangement For His Return

The Additional Sessions Judge Rakesh Kumar­ IV was hearing an application filed under Section 15A SC & ST (Prevention of Atrocities) Act, wherein it was submitted by the Applicant/Complainant that that he belongs to the scheduled caste community and owns a flat in Rohini Sector 6 [First floor] and the accused have been forcibly trying to dispossess the complainant and his family from the flat with the oblique motive of grabbing the same due to caste prejudice.

The matter was investigated by the police and FIR no. 291/2019 u/S 323/341 IPC was lodged on 09.09.2019.

It was alleged that after the registration of the FIR, the accused (all female) started threatening the complainant and his family member and threatened them that if they will not leave the flat, then he or his family will face dire consequences.

It was further alleged that despite the registration of the FIR, the accused again committed atrocities on the present complainant and consequently, a second FIR no. 361/20 was lodged against the accused persons.

It was also submitted by the Complainant, that accused persons made several fake and false complainant against the complainant and his family and that the accused woman had allegedly beaten his mother and hurled abusive and caste-based remarks at him and his family members.

It was argued that after inquiry/investigation by the police, it was found that all allegations made by the accused against the complainant and his family were false/fabricated and concocted only with the sole motive to grab the property present complainant.

It was also submitted that the accused persons were habitual offender and they uttered caste-based words and had beaten the complainant with the intention to grab his property due to caste prejudice.

During the hearing, the accused woman told the court that she had no objection to the application, subject to the condition that her family's security is taken into consideration as she was a woman and was residing with her daughters on the ground floor.

Court's Order

After considering the facts and circumstances, the Additional Sessions Judge Rakesh Kumar ordered,

"I am of the considered view that DM concerned, SDM concerned, Executive Magistrate concerned as well as DCP concerned are directed to make necessary arrangement for the complainant access to his house and simultaneously also directed to take care of the security of the accused persons who are women under intimation to the Court within three days."

In other words, the Court directed the District Magistrate, Sub-divisional Magistrate (SDM), Executive Magistrate and the Deputy Commissioner of Police to make necessary arrangements for the complainant's access to his house.

The Court further directed them [District Magistrate, Sub-divisional Magistrate (SDM), Executive Magistrate and the Deputy Commissioner of Police] to take care of the security of the accused woman and her family members as she had also alleged that her daughters were molested by the complainant.