Ram NaraIn Vs. Murat and ors. - Court Judgment

Excerpt:
- [ g.b. pattanaik and; u.c. banerjee, jj.] - criminal procedure code, 1973 — section. 482 — quashing of criminal proceedings initiated under section. 3(i)(v) of the scheduled castes and scheduled tribes (prevention of atrocities) act — high court proceeding on an erroneous assumption that the petitioner before it was in possession of the disputed plots and on that basis quashing the criminal proceedings — setting aside the impugned order, held on facts, the high court exceeded its jurisdiction while exercising power under section. 482 crpc -- the complainant is in appeal against the order of the learned single judge of the allahabad high court. the allahabad high court in exercise of powers under section 482 of the code of criminal procedure quashed the pending proceedings initiated under section 3(i)(v) of the scheduled castes and scheduled tribes (prevention of atrocities) act, 1989.g.b. pattanaik and; u.c. banerjee, jj.1. leave granted.2. the complainant is in appeal against the order of the learned single judge of the allahabad high court. the allahabad high court in exercise of powers under section 482 of the code of criminal procedure quashed the pending proceedings initiated under section 3(i)(v) of the scheduled castes and scheduled tribes (prevention of atrocities) act, 1989. the impugned judgment indicates that the high court came to a conclusion that the petitioner before it was in possession of the land bearing plots nos. 72, 73 and 74, and on that basis interfered with the criminal proceedings. there is no finding of any competent forum that the petitioner before the high court, namely, murat and others are in possession of the disputed plots, and on the other hand, a civil suit is pending before the civil court. that being the position, the high court was in error in assuming that murat and others were in possession of the land, and on that erroneous assumption interfered and quashed the criminal proceedings. this, on the face of it, is in excess of the jurisdiction conferred on the high court under section 482 of the code of criminal procedure. we therefore set aside the impugned order passed by the high court and direct that the criminal proceedings may go on in accordance with law.3. the appeal is disposed of accordingly.