- (1.) The present petition has been filed under section 482 of the Code of Criminal Procedure praying that First Information Report bearing Canning P.S. Case No. 175 of 2012 dated 13th April, 2012 for an offence punishable under sections 3(2)(V) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act read with sections 120B /34 of the Indian Penal Code pending in the Court of Ld. Additional Chief Judicial Magistrate, Alipore, South 24-Parganas be quashed. This Court on 15th May, 2012 by issuing notice to the opposite party had passed the following order:- Issue notice to the opposite parties for 3rd September, 2012. Counsel for the petitioners has contended that in the head-not of FIR date of occurrence was mentioned as 21st September 1093. Counsel submits that Prevention of Atrocity to scheduled Castes and Scheduled Tribes Act was enacted in the year 1989 and the penal provisions could not have retrospective operation. Stay further proceedings before the Trial Court qua the petitioners till the next date of hearing.
(2.) Sri Sanyal, Additional Public Prosecutor appearing for the State has very fairly stated that in view of the settled legal proposition, nobody can be fastened with the criminal liability with retrospective effect. In the present case, proceedings are liable to be quashed.
(3.) Consequently, the present petition is allowed. Proceedings against the petitioners are quashed. As admitted by the opposite party on 21st September, 1983, Prevention of Atrocity to Scheduled Castes and Scheduled Tribes Act was not enacted and the petitioners cannot be tried for the offence alleged. Hence, the impugned FIR and all subsequent proceedings arising therefrom are quashed.;