The High Court said, "When it is prima facie established that the suit filed... is false, malicious, or vexatious, particularly by using a forged plaint document, when the defendants are members of the Scheduled Castes and the plaintiffs are not members of the Scheduled Castes, the offence under Section 3(1)(q) of the SC and ST (POA) Act will prima facie be attracted."
Kochi—The Kerala High Court has held in a significant ruling that filing a false, malicious, or vexatious suit against a member of the Scheduled Castes (SC) using forged documents constitutes an offence under Section 3(1)(q) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. A single bench of Justice A. Badruddin, on February 3, in the CRL.A. The decision was delivered in Court No. 2214 of 2025, in which the appellant, Velayudhan, a 68-year-old Dalit man, challenged an order of the Special SC/ST Atrocities Prevention Court in Thrissur.
According to the case, Velayudhan filed a case at the Irinjalakuda police station. The allegation was that HIGHWAY KURIES PVT LTD and its Managing Director, Subhash, had filed a lawsuit, presenting a forged promissory note. This note was purportedly signed by Velayudhan and his father, but both denied it in written statements. The accused party withdrew the case after the complaint was filed. The complaint alleged offenses under sections 465, 468, and 471 of the Indian Penal Code, as well as sections 3(1)(p) and 3(1)(q) of the SC/ST Act.
During the investigation, the Deputy Superintendent of Police filed a report on October 22, 2024, stating that the Koori company was unaware of the complainant’s caste, and therefore, the charges under the SC/ST Act should be dropped. On August 26, 2025, the Special Court dismissed the application in CRL.MP No. 1160/2024, which sought monitoring of the investigation. The court stated that the investigating officer’s report showed that the accused was unaware of the caste and had no criminal intent.
The High Court, after hearing the appeal, ruled that the deemed acceptance of the investigating officer’s report by the Special Court was incorrect. The court said, “When it is prima facie established that the suit filed… is false, malicious or vexatious, particularly by using a forged plaint document, when the defendants therein are members of the Scheduled Castes and the plaintiffs are not members of the Scheduled Castes, the offence under Section 3(1)(q) of the SC and ST (POA) Act would prima facie be attracted.”
The court cited Section 8(c) of the SC/ST Act, which came into effect from January 26, 2016. It states that if the accused has personal knowledge of the victim or his family, the court shall presume that the accused was aware of the caste of the victim, unless the contrary is proved. The court observed, “When a Kuri company engaged in the business of chitty (VC), after acquiring knowledge of the subscriber, deals with the subscriber for its Kuri transaction, and then files a case to recover the amount due under the Kuri transaction on the basis of an allegedly forged promissory note, the Kuri company cannot be considered to be a person who was unaware of the caste identity of the defendant in the case, especially when the knowledge of the accused’s caste identity is a matter of conjecture unless the contrary is proved by evidence.”
The court upheld the offence under Section 3(1)(q) but did not comment separately on Section 3(1)(p). Partially allowing the appeal, the court partially set aside the special court’s order. The request for monitoring of the investigation was rejected, but directed that the investigating officer obtain the promissory note from the court and have the signatures examined by a forensic laboratory. The final report should be filed in the special court after obtaining expert opinion.
This decision is significant in cases of false prosecution and forged documents under the SC/ST Act, as it strengthens the statutory presumption regarding caste information and emphasizes the need for thorough investigation.
Geetha Sunil Pillai
Courtesy: Hindi News