Public Servant Can't Be Prosecuted Under SC/ ST Act In Absence Of Averments In FIR Showing 'Willful Negligence' Of Duties: Andhra Pradesh High Court

Brief Facts of the case

The facts stated in the FIR were that the informant was working as Manager in Central Bank of India at different places. He availed a housing loan of Rs. 5 lakhs from the Bank during the year 2000 and used the same for constructing a house. The said house was mortgaged with Central Bank as security for loan.

While things stood thus, in 2011, the Bank dismissed the informant from the service because of conviction in a CBI case. Later on, the Bank settled the benefits and paid Provident Fund after recovering the housing loan. It was alleged that he had requested the bank to release the title deeds and documents as the loan was fully repaid and there were no outstanding dues. But, despite the request, the Bank had not released the house documents. According to him, the said harassment was because the informant belonged to Scheduled Caste. Thereafter, the informant claimed to have approached the National Commission for Scheduled Castes, Hyderabad for release of the title deeds and house documents and also for settlement of issues like Gratuity etc. The Commission in turn pursued with the Bank and the same was settled.

The Bank Manager had informed the informant that they had misplaced the documents and title deeds of his house.

The non-delivery of housing documents led to filing of a report alleging the offences punishable under Section 3(1)(v), 3(2)(vii) and 4 of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 ("POA Act").

The instant Criminal Petition was filed under Section 482 of CrPC, seeking quash of investigation in crime registered for the aforementioned offences.

Observation of Court

Section 3(2)(vii) of POA Act provides that whoever being a public servant commits any offence under Section 3(2) shall be punishable with imprisonment for a minimum term of 1 year and may extend to the punishment provided for that offence.

Section 4 of POA Act states that whoever being a public servant not being a member of a Scheduled Caste or Scheduled Tribe, willfully neglect his duties required to be performed by him shall be punishable with imprisonment for a term which shall be between 6 months to 1 year.

Justice C. Praveen Kumar observed that the petitioners were undoubtedly public servants. But the averments in the First Information Report did not indicate any willful negligence of duties which were required to be performed under the POA Act. On the other hand, the Head Office had informed the National Commission for Scheduled Castes about the action which they intended to take for misplacing some documents.

The criminal petition was allowed as it was very clear from the allegations in the report that no offence under the Scheduled Castes and Scheduled Tribes Act was made out and that continuation of proceedings against the petitioners would be an abuse of process of law.

Case Title : N. Appa Rao Versus The State Of AP

Citation: 2022 LiveLaw (AP) 56