‘Ingredients Of SC/ST Act Absent’: Jharkhand High Court Quashes FIR And Criminal Proceedings Against BJP Leader Pratul Shahdeo

The Jharkhand High Court has quashed the FIR and subsequent criminal proceedings against Bharatiya Janata Party (BJP) leader Pratul Shahdev for allegedly abusing his former driver.

Shahdev was booked under Sections 341, 342, 323, 325, 307 of the Indian Penal code and 3/4 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. It was alleged that he forcibly took away the car keys from his driver Mantu Kumar, locked the vehicle, and physically assaulted Kumar, causing injuries.

Senior advocate Ajit Kumar for Shahdev argued that the FIR was filed with malicious intent and that the incident took place inside a car, away from public view, challenging the basis for the registration of the case under SC/ ST Act.

Justice Sanjay Kumar Dwivedi said the material lacked essential elements under the SC/ST Act. The bench added there was no averment in the complaint to the effect that Shahdev did not belong to the caste of the complainant. “Thus the ingredient of SC/ST Act is absent," it held.

[Editor's note: In prosecution for offences under SC/ST Act, accused must not be a member of the SC/ST community and must be shown to have committed the offence with the knowledge about victim's caste/ community.]

Court also said Magistrate sent the matter for investigation and institution of FIR under Section 156(3) of CrPC without application of judicial mind.

"This is not a separate order for registration of said F.I.R. There is no doubt that the learned courts are overloaded with the court work. There is no harm of passing such order under Section 156(3) of Cr.P.C and that is option available to the learned court. However, in exercising of said power under section 156 (3) of Cr.P.C., judicial mind is required to be applied which is lacking in the case in hand. There is no separate order under section 156(3) Cr.P.C.,” Justice Dwivedi added and quashed the criminal proceedings against Shahdev.