HC: Probe under SC/ST Act in civil dispute is abuse of law in Karnataka | Bengaluru News


BENGALURU: Allowing continuation of any research based on ICEwhich has no civil conflict and criminal activities and no component of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, would amount to abuse of process of law, a bench of the Kalaburagi High Court observed in a recent judgment.
Accepting the submitted request Basavaraj Kurugod and his wife Saraswathi, residents of Hirenaganur village in Lingsugur taluk Raichur neighborhood, Justice PN Desai quashed the proceedings against them based on the FIR registered therein Raichur West from the police station CM Narayanawho also happens to be a defender.
On October 5, 2017, Narayana filed a complaint against the couple under the SC/ST Act, accusing them of unauthorized construction and filing a false case. The dispute relates to the construction of a rainwater harvesting tank by the petitioners.
However, challenging the FIR, the petitioner-couple argued that they are the absolute owners of the plot at Bellam Colony, Rampur Road, Raichur, and the civil court restrained Narayana and others from interfering with their peaceful possession and also allowed them. tank construction
After examining the cases and materials of the opponents placed before the judge, Justice Desai stated that the case is purely a civil case and it has been given a criminal color.
“The complainant himself is not sure where exactly his land is. He complains that the petitioners are trying to encroach on his land and build a house. On the other hand, the case has been filed in the year 2012. An interim injunction was granted, the shed permission to build was granted and, ultimately, the lawsuit was terminated by decree. In fact, this complainant has not filed an appeal, and the civil case regarding the aforementioned property was finalized in 2018,” said the judge.

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