Property dispute to slap SC/ST charges and get someone’s anticipatory bail cancelled-SC has rules

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Suspense Crime, Digital Desk : While reiterating a number of important directions, the Supreme Court has upheld the order of the Jharkhand High Court by stating that family property disputes cannot be criminalized and the SC/ST Act be invoked to prevent someone from getting anticipatory bail.

The apex court said that in case of purely family property dispute one cannot resort to criminal charges and SC/ST (Prevention of Atrocities) Act for denial of anticipatory bail. While declining to intervene in the case, the Supreme Court refused to cancel the anticipatory bail granted to the accused.

The matter of a flat and other property belonged to Swati Kachhap resident of Chutia, Ranchi, and her brother-in-law Nirmal Prasad Sahu, which has been under dispute between them. Swati had filed complaint against her brother-in-law under sections 323, 341 of IPC and several other sections of the SC/ST (Prevention of Atrocities) Act in SC/ST court, Ranchi. Later, Nirmal Prasad Sahu sought an anticipatory bail petition in Jharkhand High Court after he apprehended his arrest in the case. On May 1, a bench comprising the High Court, observed that dispute was family dispute between brother-in-law and sister-in-law over a property.

Order upheld

The High Court, in its order said that SC/ST Act and criminal sections appear to be invoked in order to sort out property dispute which is civil in nature, or as leverage or by way of pressure and considering the facts and circumstances of the case granted anticipatory bail to the accused. Later Swati filed a petition in the Supreme Court, by virtue of which the apex court also upheld the order passed by the Jharkhand High Court saying that it found no illegality in relief granted to the accused. It did not cancel the anticipatory bail of the accused.

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