Velayudhan v. State of Kerala and Anr., 2026
It reinforces that SC/ST Act protections extend to cases where fraudulent civil suits are filed.
Judgement Details
Court
Kerala High Court
Date of Decision
10 February 2026
Judges
Justice A. Badharudeen
Citation
Acts / Provisions
Section 13(1)(ia), Hindu Marriage Act, 1955
Section 25, Hindu Marriage Act, 1955
Facts of the Case
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A chitty company, through its Managing Director, filed a suit for recovery from a subscriber, using a promissory note.
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The subscriber claimed the promissory note was forged and withdrew the suit.
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The subscriber, a member of SC/ST, filed a complaint alleging offences under the IPC and SC/ST Act.
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Investigating Officer (IO) filed a report to delete SC/ST offences, stating the accused was unaware of the complainant’s caste identity.
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Special Court dismissed the complaint petition, accepting the IO report.
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The complainant appealed to the High Court, challenging the dismissal and seeking investigation under Section 3(1)(q) of the SC/ST Act.
Issues
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Whether filing of a false suit using a forged document by a non-SC/ST person against a SC/ST member attracts Section 3(1)(q) of the SC/ST Act?
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Whether a kuri company instituting a suit is presumed to know the caste identity of the defendant under Section 8 of the SC/ST Act?
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Whether the Investigating Officer’s report can be accepted without further expert verification of forgery?
Held
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Filing a false, forged suit against a SC/ST member attracts Section 3(1)(q) of the SC/ST Act prima facie.
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Knowledge of caste identity is statutorily presumed and can only be rebutted with evidence.
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Investigating Officer must obtain expert report on forgery before concluding investigation.
Analysis
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Reinforces that SC/ST Act protections extend to cases where fraudulent civil suits are filed.
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Clarifies that entities like kuri companies dealing with subscribers cannot claim ignorance of caste.
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Establishes the importance of expert verification in forgery cases under SC/ST Act.
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Balances the need for proper investigation with limits on court monitoring.