SC/ST Atrocities Act Case Explained | Senior Advocate's Powerful Argument in Court

[00:00:00]What is the offense? My lord, phone 420, 406.

[00:00:04]Under SC/ST Act 31RS 31V, 31W, sub-clause 1 and 2.

[00:00:11]325A, my lord.

[00:00:14]What has happened in this case my lord is that the petitioners, one and two, were earlier working under the complaint respond number two as employees, my lord. The petition number two and one are husband and wife, my lord.

[00:00:27]What happened was, my lord, they the petition number two worked for 1 year.

[00:00:32]Petition number one worked for 8 years under the complaint, my lord.

[00:00:36]Thereafter, the the petition number one resigned and joined a rival company, my lord. May I kindly see the letter that relieving letter that was issued, my lord? It is at page number 42, my lord.

[00:00:52]Very clearly saying that I am hardworking, diligent, honest, my lord.

[00:00:57]Thereafter, my lord, the petitioner number one the complaint sent a WhatsApp WhatsApp communication also, my lord.

[00:01:05]>> So, because he has said so, I'll quash it.

[00:01:07]>> No, my lord. This the chronology of events are important.

[00:01:11]Thereafter, what happens, my lord, very next day after I get relief from this company, I join a rival company who, according to the respond number two, owes $25,000, my lord.

[00:01:19]To the respond number two.

[00:01:21]Oh. It's a counterblast this case.

[00:01:23]>> So, you should not have joined that company.

[00:01:25]>> That is what, my lord, sir.

[00:01:26]>> Atrocities Act, yeah, okay.

[00:01:27]>> That is what did What happened, my lord, is the complaint belongs to that caste.

[00:01:31]That we don't We never don't even know her caste, my lord. What has happened is I joined the rival company. She comes to my house and threatens me, "Why did you join the rival company?"

[00:01:41]And thereafter, as atrocities case, petitioners accused one and two are before the court calling in question registered Charge sheet I gave you.

[00:01:52]>> No, my lord.

[00:01:52]>> Registration of a crime in crime number 481 of 2023 registered for offense punishable under section 405 uh sorry, 405 not even offense. It is 406 and 420 and 31R and S and 325A of the Atrocities Act.

[00:02:08]Heard the learned counsel appearing for the petitioner.

[00:02:11]The respondent has remained absent throughout. Several opportunities are granted by this order uh by this court to the respondent for appearance and making submissions.

[00:02:24]The orders are 4 12 24, 6 1 26, 20th January 26, 3 2 26.

[00:02:43]I don't know what I did.

[00:02:46]3 2 26.

[00:02:48]Even today, there is no representation on behalf of the second respondent.

[00:02:53]Therefore, the petition learned counsel for the petitioner and the learned HCGP are heard in the matter. Facts enumerated are as follows.

[00:03:02]The petitioners get embroiled in the subject crime in crime number 481 of 2023.

[00:03:12]The second respondent is the complainant.

[00:03:15]The complainant invokes the jurisdiction of the learned magistrate under section 200 of the CRPC, registers a private complaint alleging cheating and criminal breach of trust by the petitioners.

[00:03:28]The learned magistrate refers the matter for investigation in 1563 of the CRPC, which becomes the aforesaid crime for the aforesaid offenses. Registration of the crime drove the petitioners to this court in the subject petition, and this court has stalled investigation 3 years ago, and the said interim order is subsisting even as on date. In the light of the subsistence of the interim order, the investigation has not proceeded any further. The matter is heard and the matter is thus heard. The learned counsel appearing for the petitioner would vehemently contend that the petitioners uh the first petitioner was an employee of the complainant company uh uh company headed by the complainant uh for about 8 years and the second petitioner, his wife, for about 1 year. For about 1 year.

[00:04:19]The peti- both the accused number one and two go in search of greener pastures and join the company of uh join the join a different company which is said to be a competitor in business to the complainant to the complainant company. Then springs the impugned complaint. The impugned complaint alleges certain uh acts by these petitioners which, according to the complaint, is to become the ingredients of section for 405 of uh section 406 and 420 of the IPC.

[00:04:55]The learned HCGP would however uh refute the submissions to submissions of the counsel for the petitioner to contend that the matter is still at the stage of investigation as there are as there are clear the ingredients of the complaint would clearly meet the ingredients of uh the offenses under the criminal breach of trust or the or the offense of cheating. He would seek dismissal of the petition. The as observed herein above, there is no representation on behalf of uh the complainant throughout. The I have given my anxious consideration to submissions made by the respective learned counsel and perused the material on record. The afore narrated uh facts lie in a narrow compass. The first petitioner is said to have joined the services of the second respondent company {hyphen} JB International as head of business development on 1/9/2015.

[00:05:45]The second petitioner joins the joins the said company on 1 10 2015 and resigns on 15 2 2016. Therefore, the husband continues to work, the wife resigns.

[00:05:58]Both wife resigns.

[00:06:00]The first petitioner then resigns on uh resigns on 16 7 2023 and the second petitioner resigns the uh sale agents agreement and uh Huh?

[00:06:16]>> First petitioner.

[00:06:17]>> Petitioner number two on the data?

[00:06:19]>> No, my lords. That's the >> Uh the first petitioner also resigns the sale agents agreement pursuant to his resignation.

[00:06:26]The Thus, the the second respondent complainant terminates the business agreement uh terminates the their business agreement with the second respondent company.

[00:06:37]After about 2 months, the second When did you join?

[00:06:42]The rival company?

[00:06:45]After After >> My lords, it is on 17th of July 2023, next day after uh >> Oh, all already mark completed it.

[00:06:53]Yes, the petitioners then the petitioners then join the rival company, which uh generates certain heartburn uh to these the second respondent complainant, who who invokes the jurisdiction of the learned magistrate on 10 11 2023 by filing a private complaint for offenses punishable under section 406 and 420 of the IPC.

[00:07:16]The uh the >> Yes, there.

[00:07:18]>> And the atrocities act as well. The learned magistrate refers the matter for investigation. The The reference of the matter for investigation as observed has driven these petitioners to this court.

[00:07:30]Since the entire issue has now sprung from the complaint, I deem it appropriate to notice the allegations that are made in the complaint as to whether they would attract the ingredients of the offenses under section 405 and 415 of the IPC for it to become an offense under section 406 and 420 of the IPC. The paragraphs relevant are as follows.

[00:07:58]Page para 13 at page 20 to page 25.

[00:08:08]I will do tell you that you can do that.

[00:08:11]The complaint is filed without enclosing a without an affidavit appended to it as is necessary in law. Be that as it may, the learned magistrate refers the matter for investigation for the aforesaid offenses including the offense under the atrocities act.

[00:08:28]A perusal at the complaint would clearly indicate it is a counterblast to the petitioners joining a company which uh owes the complainant about >> $25,000.

[00:08:42]>> And dollars, huh? Which owes the company which owes the complainant about $25,000.

[00:08:49]This has created generated certain this has generated generated certain hatred towards these petitioners by the complainant and the aforesaid complaint is registered.

[00:09:02]The sections 406 and 420 have its ingredients in 405 and 415. They read as follows. Section 405 would necessarily become uh section 405 would get attracted only when a property is interested to the hands of the accused and the said property is misappropriated with dishonest intention. The uh The ingredients of 415 would indicate that the complainant should lure Sorry, the accused should lure the complainant into a transaction with a dishonest intention from the inception. None of these ingredients are found in the case at hand. Therefore, permitting investigation even in the case at hand for the offenses under section 406 and 420 would become an abuse of the process of the law. Next para. What remains is the offenses under the Atrocities Act.

[00:09:55]Not a single document is produced to demonstrate whether this respondent belongs to the Scheduled Cast or Scheduled Tribe as the case would be when otherwise hurling of abuses that is alleged in the case at hand is neither in a public place nor a place of public view. The law is too well settled by plethora of judgments rendered by the Apex Court with regard to