PALANISAMY Vs. STATE

JUDGEMENT

(1.) This revision arises against the order passed by the learned District and Sessions Judge and the Special Judge for SC/ST (Prevention of Atrocities) Act cases, Coimbatore in C.M.P.Nos.2936 of 2006 and 388 of 2007 on 25.7.2007. By the orders under challenge, the Court below dismissed the petition moved by the petitioner herein seeking discharge in Spl.S.C.No.6 of 2006 on his file. In such case, the petitioner faces prosecution for offences under Sections 3(1)(iv)(v)(viii) and 3(2)(v) of SC/ST Prevention of Atrocities Act 1989. In short, the offences relate to wrongful occupation and cultivation or wrongful dispossession of properties from the members of Scheduled Caste and Scheduled Tribe or initiation of false, malicious or vexatious suit or criminal or other legal proceedings against them. What gives rise to the case is an agreement entered into by the petitioner in respect of land which was in the possession of the de facto complainant (now deceased) on 19.6.1987. As far as the facts are concerned, we may stop here.

(2.) Heard Mr. N.A. Nissar Ahmed, learned counsel for the petitioner, Mr. A.N. Thambidurai, learned Public Prosecutor for respondent and Mr.B.Ravi for Mr. S.S. Raghavan for the proposed respondent.

(3.) Though the petition seeking discharge came to be dismissed by the Court below for several reasons informed by it, the present petition would succeed on the sole ground that the agreement which forms the basis of the complaint was entered into on 19.6.1987 whereas the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act 1989 was brought into force only on 30.1.1990. Therefore, the actions of the petitioner in entering upon an agreement on 19.6.1987, on which date, he could not have offended the provisions of this Act and all actions taken by the petitioner pursuant thereto, cannot be said to have constituted offences under the Act.