FIR UNDER SC/ST ACT

FIR UNDER SC/ST ACT

1-OCT-ENG 1

RAJIV NAYAN AGRAWAL

BHABHUA----------------------------The victim submitted a petition to the District Magistrate and the Superintendent of Police (SP), Kaimur, seeking justice. He alleged that a case involving the SC/ST Act and molestation was filed against him as part of a premeditated conspiracy—orchestrated by the Circle Officer, the Station House Officer (SHO), and the Head Clerk of the Circle Office—specifically to facilitate the illegal seizure of his land. This conspiracy was allegedly hatched because he had raised his voice against the illegal land encroachment (facilitated by local officials) and the bribery demanded by the Head Clerk.

It is worth noting that a plot of land measuring 2.05 decimals—located in Mauja Devrarh Kalan (Kudra Circle), Thana No. 643, Khata No. 06, Plot No. 1545—is registered in the name of Neetu Kumari (wife of Suryakant Tiwari), having been purchased on February 4, 2023. The land records—including mutation, the correction slip, and the land revenue receipt—are all registered in Neetu Kumari's name. Surendra Chaudhary, a resident of the same village, has been repeatedly attempting to usurp this land, leading to a long-standing dispute between the two parties. Chaudhary has forcibly occupied the land while threatening the victims with the SC/ST Act. Conversely, Chaudhary claims that payment for the land has been made. He has previously filed multiple cases under the SC/ST Act, all of which were dismissed by the court after being deemed conspiracies. The matter was previously heard in the court of the Deputy Collector (Mohania), but that court was unable to deliver an impartial verdict. Ultimately, the case is now pending in the Civil Court, Mohania. However, last week, Surendra Chaudhary began construction work on the disputed land. The victim had spent nearly two weeks making rounds of the police station and the Circle Office in an attempt to halt this construction. When no action was taken, the aggrieved party finally appealed to both the Sub-Divisional Magistrate and the District Magistrate. Last Friday, the District Magistrate directed the concerned officials to impose Section 144 to maintain law and order. The complainant alleges that despite the District Magistrate's instructions, a revenue official demanded and accepted a cash bribe of ₹500 to process the recommendation for imposing Section 144; subsequently, the Circle Office's Head Clerk, Badhu Ram, also demanded a bribe. When the complainant stated he had no money, the Head Clerk insisted that nothing would get done without payment. Eventually, the complainant transferred ₹500 from his wife's account to Badhu Ram's account via PhonePe. Within two minutes of the transfer, Badhu Ram sent the recommendation documents for imposing Section 144 via WhatsApp. Last Saturday, the complainant disclosed the bribery incident to the media and presented evidence. When the media questioned the Circle Officer, he failed to provide a satisfactory response, merely telling the Head Clerk that money should not be accepted online. When the complainant mentioned that a false case under the SC/ST Act had previously been filed against him, the Station House Officer (in-charge), Irfan Khan—who was present at the scene—remarked that another case under the Dalit Act could be registered against him.

After the matter came to the notice of Mohania Sub-Divisional Magistrate Ratna Priyadarshini, Section 144 was imposed on the disputed land to maintain peace. Furthermore, assurances were given that appropriate action would be taken following an investigation into the bribery allegations involving the Head Clerk. The victim alleges that subsequently, Circle Officer Vivek Kumar (via WhatsApp call) and the Head Clerk (after intercepting him on the way) threatened him, stating that if he did not provide a statement favorable to them and agree to withdraw the Section 144 proceedings, he and his entire family would be implicated in false cases. An audio recording of the Head Clerk's remarks regarding this matter was also submitted. In this connection, he filed an application at the Kudra Police Station on September 27 to register a formal complaint (*Sanha*). The very next day, on September 28, a case involving charges under the SC/ST Act and molestation was registered against the victim and his family by Surendra Chaudhary and his daughter—an action allegedly orchestrated by the Circle Officer, the Station House Officer (in-charge), and the Head Clerk. Terming this a fabricated and malicious move, he has demanded an impartial investigation. He has also requested the District Magistrate to order a probe by a senior official into the Section 144 proceedings (initiated on Sept 26), the complaint application (filed on Sept 27), the registration of the SC/ST and molestation case (on Sept 28), and the bribery allegations he had leveled against the Circle office staff. Furthermore, he requested that if the registered case is found to be false or malicious, appropriate legal action be taken in accordance with the law, and that necessary legal protection be provided to him and his family. The State President of the Parashuram Sena, who was present at the scene, also urged higher officials to conduct a fair investigation and take appropriate action.

Meanwhile, it is observed that victims visiting the Circle office premises often face repeated harassment instead of immediate resolution of their grievances. The area is rife with touts—agents engaged by revenue staff—who mislead victims to extort money. According to sources, illicit earnings are generated through these touts, with the Circle Officer also receiving a share of the proceeds. Despite strict directives from the Kaimur Superintendent of Police to curb the activities of touts, their movement at the Kudra police station continues unabated.