IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.22986 OF 2007 RAM DINESH SHARMA, SON OF LATE SHIVLAL SINGH, RESIDENT OF VILLAGE SUPI, POLICE STATION MAKHDUMPUR(TEHTA OUT POST), DISTRICT JEHANABAD VERSUS 1. THE STATE OF BIHAR 2. SHIVNANDAN DAS, SON OF LATE RAM BISHUN DAS 3. DULARCHAND MOCH, SON OF LATE JATAI DAD 4. MAHESH DAS, SON OF LATE KAILASH DAS 2-4 ARE THE RESIDENTS OF VILLAGE SUPI, POLICE STATION MAKHDUMPUR (TEHTA OUT POST), DISTRICT JEHANABAD ………………………………………………………OPPOSITE PARTIES *********** 5 24/06/2009 The petitioner has filed this application for deleting Section 3(i)(v) SC & ST (Prevention of Atrocities) Act and also to transfer this case to the competent Court for hearing. The prosecution case, according to the informant Krishna Das is that he was getting work done by a mason on a piece of land when the accused persons along with some police constables came and stopped him from working on the land. It is alleged that Dinesh Sharma specifically stated that the land is Gair Mazarua Aam and that Dinesh Sharma objected to the fact that the informant was trying to take illegal possession over the land in question. The informant thereafter told the accused Dinesh Sharma that HUM HARIJAN NAHIN KABZA KARENGE TO KYA AAP KABZA KARENGE. SARKAR KE ZAMIN MEIN 2 HUM RAHATE HAIN TO KAUN APRADH KARATEN HAI. It is thereafter alleged that Dinesh Sharma and others assaulted him with fists and slaps. On investigation, the evidence that has transpired in this case indicates that subsequently some of the witnesses i.e. Ganauri Dass, Jagdish Dass and Sheo Dani Dass have stated that the accused persons had objected to the occupation of the complainant and others on Gair Mazarua Aam land by stating that CHAMAR JATI KE LOGON KO APNE GHAR KE BAGAL MEIN NAHIN RAHNE DENGEN. Apart from the aforesaid materials collected against the petitioner, there is no material which would being them within the purview of SC & ST (Prevention of Atrocities) Act. Learned Counsel appearing on behalf of the State submits that Section 3(i)(v) of the SC & ST (Prevention of Atrocities) Act would be applicable in this case. The aforesaid section reads as follows:- 3(i)(v) -- Wrongful dispossessing a member of the Schedule Caste or Scheduled Tribe from his land or premises or interferes with the enjoyment of his rights on any land, premises or water. 3 On the plain reading, the aforesaid section envisages that the land should lawfully and legally belong to the person who is claiming or is in possession of the said land. In this case, the facts disclose that there was no semblance of a legal possession over the land in question as the informant himself has stated in the First Information Report that the land in question was Gair Mazarua Aam land and that he by virtue of belong to a particular caste had the right to illegally occupy the said land. In the facts, therefore, I find that no offences under Section 3(i)(v) of the SC & ST (Prevention of Atrocities) Act is made out against the petitioner. I, therefore, direct that the case may be transferred and tried for the offences under the Indian Penal Code by appropriate Court, competent to hear such cases. In the result, this application is allowed. Anand ( Sheema Ali Khan, J. )