Allahabad High Court
Chhatrasak Singh Sengar And ... vs State Of U.P. & Another on 12 May, 2017
Bench: Harsh Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD
?A.F.R.
Court No. - 55
Case :- APPLICATION U/S 482 No. - 8934 of 2002
Applicant :- Chhatrasak Singh Sengar And Others
Opposite Party :- State Of U.P. & Another
Counsel for Applicant :- K.M. Mishra
Counsel for Opposite Party :- Govt. Advocate
Hon'ble Harsh Kumar,J.
Heard learned counsel for the applicants, learned AGA for the State and perused the record.
The present application u/s 482 Cr.P.C. has been moved by applicants with a prayer to quash the charge sheet dated 11.6.2001 and summoning order dated 12.10.2001 passed by Chief Judicial Magistrate, Etawah, in criminal case no.2771 of 2001.
Learned counsel for the applicants contended that the applicants have been falsely implicated in the F.I.R. lodged with inordinate delay of four and half months from the incident; that as per averments made in F.I.R., there was a dispute over installation of gate and the applicants allegedly entered into the house of first informant and committed the incident; that the entire prosecution story is false; that since the incident is alleged to have taken place inside the house of first informant, the offence under section 3 (1) (X) S.C./S.T. Act is not made out, because the incident has not taken place at a public place; that the applicant no.1 is a senior lawyer of District Courts, while applicant nos.2 and 3 are his daughters and applicant no.4 is his wife; that the medical of first informant/opposite party no.2 has been made after a delay of 5 days; that the F.I.R. has been lodged to harm and harass the applicants; that the applicants approached this Court for quashing of F.I.R., upon which vide order dated 19.4.2001, the arrest of applicants was stayed till submission of charge sheet; that the Investigating Officer has not conducted the investigation fairly and has submitted the charge sheet; that the charge sheet is liable to be quashed and proceedings of criminal case no.2771 of 2001 are also liable to be quashed.
Per contra, learned AGA contended that the delay in lodging of F.I.R. is not material and may not be a ground for filing the charge sheet; that earlier the applicants approached this Court for quashing of F.I.R., which was refused by this Court; that the Investigating Officer, after collecting the evidence and material has found prima facie sufficient evidence against the applicants and has submitted charge sheet against applicants and one another Sanju, who is non applicant; that in F.I.R. it has been specifically mentioned that all the accused persons with an intention to insult called the first informant with caste name and so offence under section 3(1) (X) S.C./S.T. Act is made out.
It is settled law that when the basic ingredients of the offence are missing in the complaint, then permitting such a complaint to continue and to compel the applicants to face the criminal trial under the SC/ST Act would be totally unjustified leading to abuse of process of law. Reliance has been placed upon a Hon'ble Supreme Court verdict in the case of Gorige Pentaiah Vs. State of Andhra Pradesh & others reported in (2009) 1 SCC (Cri.) 446. Paragraph 6 of the said which is reproduced as below: -
"In the instant case, the allegation of Respondent 3 in the entire complaint is that on 27.05.2004, the appellant abused them with the name of their caste. According to the basic ingredients of Section 3 (1)(x) of the Act, the complainant ought to have alleged that the appellant- accused was not a member of the Scheduled Caste or a Scheduled Tribe and he (Respondent 3) was intentionally insulted or intimidated by the accused with intent to humiliate in a place within public view. In the entire complaint, nowhere it is mentioned that the appellant-accused was not a member of the Scheduled Caste or a Scheduled Tribe and he intentionally insulted or intimidated with intent to humiliate Respondent 3 in a place within public view. When the basic ingredients of the offence are missing in the complaint, then permitting such a complaint to continue and to compel the appellant to face the rigmarole of the criminal trial would be totally unjustified leading to abuse of process of law"
Perusal of the FIR lodged by the opposite party no.2 shows that the complainant has nowhere alleged that the applicants are not the members of the Scheduled Caste of Scheduled Tribe community and they intentionally insulted or intimated with intent to humiliate the opposite party no.2 within public view, rather the incident in question is alleged to have taken place inside the house of opposite party no.2. As such, the Court is of the view that as against the applicants, since the ingredients of the offence punishable u/s 3(1)(X) of the Act are not made out, as such the criminal trial with respect to the said offence is liable to be quashed. As regard the allegations for the offences under sections 147, 452, 323, 504, 506 IPC are concerned, the allegations made in F.I.R., may not be presumed to be false at this stage and correctness of the allegations made in F.I.R. is to be decided upon evidence during trial. Hence there is no sufficient ground for quashing the charge sheet or the proceedings of criminal case in respect of above offence and it can be quashed only in respect of offence under section 3(1)(X) S.C./S.T. Act.
Accordingly, the application u/s 482 Cr.P.C. is partly allowed. Proceedings of criminal case no.2771 of 2001 with regard to offence under section 3(1)(X) S.C./S.T. Act is quashed for want of necessary ingredients. However, it is provided that the court below shall proceed with the criminal case with regard to offences under remaining sections 147, 452, 323, 504, 506 IPC, in accordance with law and to that extent application u/s 482 Cr.P.C. is partly dismissed.
The applicants appear before the court below and move application for bail, the same shall be disposed of expeditiously in accordance with law.
Interim order, if any, stands vacated.
Let a copy of this order be sent to court below for necessary action, if any.
Order Date :- 12.5.2017
Tamang
