Delhi High Court
Praveen Kumar @ Prashant vs State Gnct Of Delhi on 28 April, 2020
$~
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Reserved on: 11.02.2020
Pronounced on: 28.04.2020
+ CRL.A. 667/2018 & CRL.M.A. 11836/2018, 2660-61/2020
PRAVEEN KUMAR @ PRASHANT ..... Appellant
Through Appellant in person with Mr. Kapil
Modi, AR
versus
STATE OF GNCT OF DELHI & ORS. ..... Respondents
Through Mr.Hirein Sharma, APP for State
ACP Rajender Pathania, Civil Lines,
ACP Anil Samota, EOW, SI S. K.
Singh, SI Sandeep, PS Fatehpur Beri
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
1. The present appeal has been filed u/s 14 A of SC & ST (Prevention
of Atrocities) Act 1989 as amended by Act 2015 r/w Article 227 of
Constitution of India r/w section 482 Cr.P.C. for setting aside the impugned
order dated 05.06.2018 passed by Ld. ASJ-02, Spl. Judge (South) Saket
Court, New Delhi and passing of an appropriate order.
2. The appellant belongs to schedule caste category and is an
international horse riding champion (equitation) and his goal is to represent
India in Tokyo Olympic 2020 in Dressage. The appellant has won over 30
medals in the international development league competitions.
3. He is a victim of atrocities intentionally committed by alleged
accused persons Anush Aggarwala, Ameera Pasrich, Shikha Mundkur, Priti
Aggarwala (mother of Anush), celebrity Shivani Pasrich and Amir Pasrich
an influential Supreme Court Lawyer (parents of Ameera Pasrich). All of the
aforementioned persons belong to elite and influential families. They have
intentionally and knowingly insulted and intimidated the appellant within
public view, on several occasions, with intent to humiliate and shatter the
appellant's self respect.
4. Further case of appellant is that he has been caste abused over the last
two years and intentionally insulted and humiliated in public view. His self
respect has been seriously shattered because of such acts of being badly and
intentionally humiliated by accused persons by abusing him on many
occasions during training at Kapil Modi‟s (AR of the appellant herein) farm
at Zonapur, Delhi. Following are the instances where the appellant was caste
abused by the alleged accused persons:
(i) Anush Aggarwala would abuse the appellant in presence of locals
by calling him "Chuda, Chamar, chakka and faggot".
(ii) Priti used to visit the farm of the appellant‟s trainer Kapil Modi, to
watch her son Anush compete. She had insulted the appellant on
few occasions by telling him that "Prashant you are a chamar and
we rich Marwari‟s don't like the fact that untouchables like you
come close to us, you are unfit to even act as a sweeper in our
house. Whenever my son asks you for water/food you must wear
plastic gloves and serve him".
(iii) On 17.12.2017, when Amir came to the farm house he told the
appellant "Prashant this sport of Dressage is not meant for chura
and chamars like you, this sport is only meant for rich people like
us. Tum apni aukat mein raha karo and when my daughter comes
to ride don't come in front of her."
(iv) Shikha Mundkur and Ameera Pasrich insulted and humiliated on
28.01.2018, when appellant was riding a horse called "Xanthos"
which is owned in 50:50 partnerships between Shikha and Mr.
Kapil Modi. When Shikha and Ameera saw the appellant riding
Xanthos, they both ran towards the appellant and pushed him off
the horse, they spat on the appellant and said "you bloody mother
fucking faggot agar tuney agey se Riding karne ki himmat kari
to bahut bura hoga". All these above mentioned facts were
mentioned by the appellant in his complaint dated 29.04.2018 to
SHO Fatehpur Beri
5. Further case of the appellant is that Ameera Pasrich created a
whatsapp group called "Alliance'' with Shikha Mundkur and Anush
Aggarwala in tacit support with their parents. Daksh Mittal, a 17-year-old
boy (former student of Mr. Kapil Modi) was lured and manipulated by the
abovementioned persons into joining the above whatsapp group on
04.03.2018. However, on 14.04.2018, Daksh Mittal was asked to leave the
whatsapp group by these conspirators because his father Naval Commander
(Retd.) Kuldeep Mittal had informed Mr. Modi of their criminal plot to do
an acid attack and torture the appellant and to frame and kill his trainer
Kapil Modi.
6. Thereafter, Commander Mittal emailed detailed unedited chat records
from 4th March to 14th April 2018 of the said whatsapp group to Kapil Modi
on 16.04.2018 at 7.49 pm.
7. On 17.04.2018, appellant received complete printout of the said chat
records from his trainer Kapil Modi.
8. On 21.04.2018, Daksh Mittal issued public apology and revealed the
insights of the whatsapp group and alleged accused persons‟ hatred towards
horse riders from SC/ST. Daksh along with his mother made a public
apology to Kapil Modi via a video recording which they posted on the
facebook page of Kapil Modi giving details of this criminal plot against the
appellant.
9. On 22.04.2018, Kapil Modi registered a police complaint in PS
Fatehpur Beri, Delhi vide DD No. 28B at 3.55 pm. In this complaint, he
clearly states "Plan of Acid Attack on my Schedule Caste student Prashant
(aka Praveen Kumar)". However, the Police did not take any action on this
complaint.
10. On 28.04.2018 in execution of the criminal plot discovered in the
chat records of the whatsapp group; Shivani Pasrich, Ameera Pasrich &
Shikha, came to Kapil Modi's farm along with officers from Animal
Husbandry and 6-7 policeman from the PS Fatehpur Beri. Shivani Pasrich
criminally intimidated appellant and threatened to kill him by saying that
"inspite of the 22nd April police complaint against her, she has enough
influence to bring policeman to the farm". The same evening, fearing for his
life, appellant tweeted to the Hon'ble Prime Minister and Home Minister of
India.
11. On 29.04.2018, at 12.30 pm appellant went to register his police
complaint in Police Station Fatehpur Beri and the police officials
disgracefully refused to receive and register appellant‟s complaint and
disgracefully turned away the appellant. On the said evening, appellant
again tweets to the Hon'ble Prime Minister and others mentioning that the
Police has refused to register his complaint. On 02.05.2018 the appellant
emailed his complaint to the Hon'ble Prime Minister and others including
the Commissioner and DCP of Delhi Police. On 03.05.2018, appellant sends
by registered post copies of complaint to Commissioner Delhi Police and
others. On 06.05.2018, the appellant marked another tweet to the Hon'ble
PM & others stating that "I have realized that inspite of my cries for help no
one has helped me and that I have realized that Schedule Caste people are
only used for political gains". On 11.05.2018 at 9:33 am, appellant received
an e-mail from Commissioner of Police directing Special Commissioner of
Police (Southern Range) to take necessary action on the appellant‟s
complaint. On 14.05.2018, due to inaction by police and other authorities,
appellant filed an application under Section 156(3) Cr.P.C before the
Metropolitan Magistrate in Saket Court. On 16.05.2018, appellant sent an
email reminder to CP/Special CP, but no action was taken. On 22.05.2018,
the application u/s 156(3) Cr.P.C was heard by Ld. M.M. -01 (South) Saket
Courts, however to utmost shock of the appellant Ld. MM posted the case
for 11.7.2018 for calling of ATR despite repeated request for a shorter date
and prompt and urgent calling of ATR. Accordingly, appellant filed an
application for preponement of the date on the very next day, but the said
application was dismissed and oral prayer for dasti order was declined
/refused.
12. Mr. Kapil Modi, attorney and representative of the appellant submits
that because the public servants, SHO P.S. Fatehpur Beri, Spl CP Southern
Range and Commissioner of Police as well as Shri Anurag Dass Ld. M.M-
01 (South) Saket Court, willfully neglected their duties required to be
performed under Sections 4(1) & 4(2) of the SC & ST (Prevention of
Atrocities) Act, 1989 as amended up to date, the appellant filed a complaint
case bearing No.536/2018 accordingly, before Ld. ASJ-02(South) Spl Judge
Saket Court New Delhi on 25.05.2018 which came up for hearing on
26.05.2018. On said date, matter was heard by Ld. ASJ and initially gave a
date for 09.07.2018 and only after intensive pleading from the counsel the
date was fixed for 04.06.2018 for calling of ATR.
13. Meanwhile, appellant also received a copy of letter dated 22.05.2018
addressed to Commissioner of Police requesting him to get the matter
investigated and thereafter, for sending a factual report directly to Ms. Indri
Anurag, Joint Secretary, Government of India, Ministry of Social Justice and
Empowerment, Shastri Bhawan, New Delhi-110015 under intimation to
department for the welfare of SC/ST/OBC I.P. Estate, New Delhi-02.
14. On 29.05.2018 at 11:12 am, appellant emails to CP regarding an
intimidating and humiliating phone call from a person claiming to be police
officer from mobile No. 9560820778 at 6:37 pm.
15. On 02.06.2018 at 11:24 am, appellant emails the Hon'ble Chief
Justice of India highlighting the apathy of the lower judiciary towards
schedule caste.
16. On 04.06.2018, the police sent a request for seeking more time to file
ATR. On intensive pleading of the counsel, the Ld. ASJ directed the SHO
and SI S K Singh to appear in person on 05.06.2018. On said date, Ld. ASJ
Spl Judge Saket, passed the order dismissing the application under section 4
SC & ST Act vide impugned order.
17. Mr. Kapil Modi submits that there is an imminent danger to the life
and person of the appellant at the instance of the alleged accused persons
who are very rich and influential. The appellant has lost his peace of mind
because being in reasonable apprehension of danger to his person and
completely disturbed and perturbed fearing acid attack from the accused
persons. Moreover, the accused persons have already started influencing the
witness and there is reasonable and bonafide belief that the evidences in
electronic form may be destroyed or tampered with.
18. It is further submitted that feeling aggrieved by the erroneous final
impugned order dated 05.06.2018 the respondents, as well as the Ld. Spl.
Judge in utter disregard, willfully neglected their duties prescribed under
section under Sections 5 and 4 r/w 15A(8) (C) of SC & ST Act r/w Rules 5
& 7 of the Rules 1995 and most importantly in utter disregard and
knowingly disobeying the directions of Hon'ble the Supreme Court
judgment in Lalita Kumari vs. Govt of Uttar Pradesh & Anr: (2014) 2 SCC
1 and hence this criminal appeal.
19. He further submits that presiding officers of both the courts below
failed to discharge the judicial duties judiciously and not being sensitive to
the intention of the statute with due diligence and passed erroneous orders.
The Ld. ASJ committed grave and serious error in law by not adhering to the
directions of Hon'ble Supreme Court in Lalita Kumari (Supra) as well as
the provisions of the act while passing the impugned final order dated 05-
06-2018 at the threshold without any enquiry.
20. Though, grievance of the appellant is relating to both the impugned
orders passed by the Courts mentioned above, however, case of the appellant
in present appeal is that on 29.04.2018, the appellant approached Police
Station, Fatehpur Beri with complaint of atrocities and humiliation
committed by the accused persons mentioned above, however, the said
complaint was not entertained by the officials of the said police station.
21. Due to which appellant tweeted to the Hon‟ble Prime Minister
complaining that he being scheduled caste, the officials of Police Station of
Fatehpuri have not entertained his complaint. Thus, the SHO of Fatehpur
Beri is liable to be prosecuted under Section 4(2)(b) of SC & ST (Prevention
of Atrocities) Act 1989.
22. On the other hand, learned APP appearing on behalf of State has
raised preliminary objection on appearing of Mr.Kapil Modi and
representing the appellant. However, this issue shall be decided in later part
of the judgment.
23. Learned APP further submits that complaint dated 29.04.2018 was not
given to Fatehpur Beri Police Station but it actually had reached through the
office of Commissioner of Police, Delhi subsequently on 31.05.2018. As per
the police record, no complaint was made or filed by the appellant in Police
Station Fatehpur Beri. However, after receipt of this complaint on
31.05.2018, the enquiry was initiated by Rajinder Pathania, ACP, being
competent for the same, immediately in view of the directions contained in
the order dated 20.03.2018 of Hon'ble Apex Court in the case of Dr.
Subhash Kashinath Mahajan vs. State of Maharashtra: (2018) 6 SCC 454.
24. However, on the basis of material on record and statements of the
parties concerned, the allegations leveled by complainant/appellant could
not be substantiated. Thus, concluded that complaint seems to have been
filed as an afterthought to counter the criminal cases filed by Ameera
Pasrich and Shikha Mundkar against the trainer (Kapil Modi) of the
complainant/appellant. From the enquiry carried out, prima facie, no case
was made out under the provisions of SC/ST Act in the complaint of
appellant.
25. Learned APP further submits that complaint vide CT No. 536 of 2018
was filed by the present appellant u/s 4 of SC/ST Act against Spl CP
Southern Range, SHO PS Fatehpur Beri and Sh. Anurag Das, Ld MM
South, Saket Court, New Delhi. After hearing at length, the said matter was
dismissed by Ld. Special Judge/ASJ-2 (South), Saket Courts, New Delhi
vide a detailed order dated 05.06.2018.
26. The present appellant had also filed another complaint vide CT
No.627 of 2018 under Section 4 of SC/ST Act against Spl CP Southern
Range, Rajender Pathania - ACP and SHO PS Fatehpur Beri which was also
dismissed by Ld. Special Judge/ASJ-2 (South), Saket Courts, New Delhi
vide a detailed order dated 27.08.2018 which is not in question in the present
appeal.
27. It is also submitted that the present appellant had filed an application
vide CT No.594 of 2018 u/s 156(3) r/w section 200 Cr.P.C for passing order
for registration of FIR which was dismissed by the Ld. Special Judge/ASJ-2
(South), Saket Courts, New Delhi mentioned above vide order dated
02.08.2018. When this matter u/s 156(3) Cr.P.C was pending before the
Court of Ld. MM vide CT Case No. 7148/2018, action taken report was
filed by the Rajinder Pathania, ACP as per the directions of Court. Vide
report dated 09.07.2018, it was informed to the learned MM Court that on
the basis of the material on record and the statements of the parties
concerned, allegations leveled by the complainant/appellant could not be
substantiated and from the enquiry carried out, prima facie, no case was
made out under the provisions of SC/ST Act.
28. Learned APP further argued that appellant is closely connected with
Kapil Modi who is also appearing as his Authorized Representative in this
case. Kapil Modi has been a trainer of the appellant and is an accused in FIR
No. 134/2018 u/s 354-A/509 IPC and FIR No.135/2018 u/s 354A/509 IPC
both registered on 21.04.2018 at Police Station Fatehpur Beri on the
complaints of Ms. Ameera Pasrich and Ms. Shikha Mundkar respectively.
Moreover, various other petitions are/were filed by appellant but could not
get any favourable order.
29. He further submits that there was no willful neglect of the police
officials named in the present case as at the time of the alleged incident, the
directions of Hon'ble Supreme Court were to first initiate an enquiry before
registering a case under Prevention of Atrocities on ST/SC Act and said
directions were operative and hence, the ACP named above, being
competent officer to conduct enquiry, was duty bound to comply with the
Orders of the Hon‟ble Apex Court. Thus, the present appeal deserves to be
dismissed.
30. I have heard learned counsel for the parties at length and perused the
material available on record.
31. Case of the appellant is that he approached police station Fatehpur
Beri on 29.04.2018 to make complaint against the accused persons
mentioned above, however, the said complaint was not entertained by the
Police Station.
32. As per Section 4 (2) (b) of SC & ST (Prevention of Atrocities) Act,
1989 "it is the duty of the public servant to register a complaint or first
information report under this Act and other relevant provisions and to
register it under appropriate sections of this Act."
33. Accordingly, as per Section 4 (3) of SC & ST Act "The cognizance in
respect of any dereliction of duty referred to in Sub Section (2) by a public
servant shall be taken by the Special Court or the Exclusive Special Court
and shall give direction for penal proceedings against such public servant."
34. Whereas, case of respondent is that on 31.05.2018, complaint of the
appellant was received in the office of Commissioner of Police, Delhi,
however, no complaint was filed in the Police Station on 29.04.2018. After
receipt of complaint on 31.05.2018, enquiry was initiated by ACP named
above, in view of the directions contained in the Order of Hon'ble Apex
Court in the case of Dr. Subhash Kashinath Mahajan (Supra).
35. Accordingly, on the basis of the material on record and the statements
of the parties concerned, allegations leveled by the complainant/appellant
could not be substantiated. The complaint seems to have been filed as an
afterthought to counter the criminal cases filed by Ms. Ameera Pasrich and
Ms. Shikha Mundkar against the trainer (Kapil Modi) of the
complainant/appellant. From the enquiry carried out, prima facie, no case
was made out under the provisions of SC/ST Act.
36. In rejoinder, case of the appellant is that status report dated
23.12.2019 has been maliciously filed without supporting an affidavit which
is contrary to settled legal norm that reply must be supported by an affidavit.
Thus, the respondents continued to play fraud on this Court and a desperate
attempt to escape the clutches of perjury and further criminal prosecution
under the SC/ST Act.
37. It is pertinent to mention here that in Para 9 of the status report, ACP
mentioned that all accused police officers (Respondents in Crl. A. 961/2018
and in present appeal) have accepted and admitted their guilt by fully
supporting the orders passed by the Ld. ASJ in CT No. 536/2018 wherein
the Ld. ASJ has himself recorded his findings in impugned order dated
05.06.2018 that the complaint dated 29.04.2018 of appellant was refused by
the P.S Fatehpur Beri on 29.04.2018.
38. The appellant places reliance on the case of landmark review
judgment of Dr. Subhash Kashinath Mahajan vs. The State of
Maharashtra: [Rev.Pet.(Crl.) No.275/2018 delivered on 01.10.2019] &
National Campaign on Dalit Human Rights & Ors. vs. Union of India &
Ors.: [W.P.(C) No. 140 of 2006] & State of Madhya Pradesh vs. Vikram
Das: (2019) 4 SCC 125 wherein the Apex Court held that "the High Court
could not award sentence less than the minimum sentence contemplated by
the Statute in the SC/ST Act."
39. Mr. Kapil Modi submitted that ACP Mr. Pathania and the respondents
continued to fearlessly make mockery of justice by having the audacity to
play fraud upon this Court by filing such bogus and fake status reports in a
desperate attempt to save themselves. Moreover, ACP Pathania and his
fellow accused police officers who are liable to face imprisonment upto 6
months as per the SC/ST Act in present appeal & Crl. A. 961/2018 filed by
the appellant for refusing to register his complaint, for filing number of fake
status reports, disappearance and malicious concealment of over 600 pages
of documentary evidence, conducting a enquiry in blatant contempt of finite
directions of Dr. Subhash Kashinath Mahajan (supra) in order to shield R-
3 to 8 by misleading the Courts into believing that the Appellant is an
immoral person who has filed counter blast complaints at the behest pf jos
trainer (Kapil Modi) against whom the accused have filed fake FIR's
wherein notice have been issued in quashing petition filed by the trainer
(Kapil Modi) separately.
40. Regarding the issue raised by the respondents, appellant being
represented by Mr.Kapil Modi, in Dr. Subhash Kashinath Mahajan
(supra), on 01.10.2019 Ld. Attorney General's submissions were recorded
by Hon‟ble the Supreme Court of India where he stated that the low
conviction rate under the Act is a failure of the criminal justice system and
not an abuse of law. The witnesses are pressurized in several manners and
don't support Dalits, biased mindset continues, complainant hardly musters
the courage. Further observed that SC/ST have been socially outcasts for
centuries. Eye witnesses don't support them, provisions have been made for
the protection of witnesses under the Act. The provisions of the Act are in
essence, concomitants covering various facets of Article 21 of the
Constitution of India.
41. Accordingly, Hon‟ble Apex Court in the Review Judgment of
Kashinath Mahajan (supra) has held that there is no presumption of misuse
of the SC/ST Act and neither can it be presumed that members of elite class
don't misuse the law. SC/ST hardly muster the courage to lodge even an FIR
much less a false and, in case, FIR is found to be false, it may be due to the
faulty investigation. SC/ST cannot be treated as liars or crooks who would
lodge false reports to secure monetary benefits or take revenge.
42. Vide Appreciation Letter dated 25.03.2019 issued by National
Campaign on Dalit Human Rights, Mr. Kapil Modi‟s contribution have been
recognized along with International Dressage Development League for their
significant contribution in making the Olympic sport of Dressage accessible
to Dalits via the IDDL competition platform. It is further stated in said letter
that in India, Dalit men and boys are beaten and murdered for riding a horse.
The contribution of Mr Kapil Modi and the IDDL in achieving the
constitutional goal of equality for Dalit horse riders is greatly appreciated by
the NCDHR. Thus, Kapil Modi is appearing as representative of the
appellant. Further, Chapter IV-A Section 15A (12) which says that "it shall
be the right of the atrocity victims or their dependents, to take assistance
from the Non-Government Organisations, Social workers or advocates."
Thus, he (Kapil Modi) being social worker and appreciated by
aforementioned NGO, is representing appellant. Apart, from that he has
already appeared before the Division Bench of this Court in LPA No.
344/2019.
43. Moreover, under Section 32 of the Advocates Act prescribed as
under:
"Notwithstanding anything contained in this chapter, any
court, authority or person may permit any person, not
enrolled as an advocate under this Act, to appear before
it or him in any particular case".
44. In Harishankar Rastogi vs. Girdhari Sharma: AIR 1978 SC 1019, it
is held that "a private person who is not an advocate, has no right to barge
into court and claim to argue for a party. He must get the prior permission
of the Court, for which the motion must come from the party himself. It is
open to the Court to grant or withhold permission in its discretion. In fact
the court may, even after grant of permission, withdraw it half-way through
if the representative proves himself reprehensible. The antecedents, the
relationship, the reasons for requisitioning the services of the private person
and a variety of other circumstances must be gathered before grant or
refusal of permission."
Undisputedly, Kapil Modi (AR) is trainer of appellant who appeared
in person in court and has reposed trust upon said Modi. He is a social
worker and has been recognized and appreciated by „National Campaign on
Dalit Human Rights‟. Moreover, this Court appreciates his assistance
rendered while maintaining decorum of the Court. Thus, in view of above, in
my considered opinion, he is competent to represent appellant who belongs
to scheduled caste.
45. Case of the appellant is that he has been caste abused over the last two
years and intentionally insulted and humiliated in public view.
46. Further case of the appellant is that on 17.12.2017, when Amir came
to the Farm House of Mr. Modi, he told to appellant/Prashant that this sport
of Dressage is not meant for "Chura and Chamars" like him. On
28.01.2018, Shikha Mundkar and Ameera Pasrich insulted and humiliated,
when appellant was riding a horse. They pushed him off the horse and
abused like „mother fucking‟ and „faggot‟.
47. In addition to above, further alleged that Ameera Pasrich created a
whatsapp group called „Alliance‟ with Shikha Mundkur and Anush
Aggarwala in tacit support with their parents. Daksh Mittal, a 17 years old
boy and former student of Kapil Modi, was lured on 04.03.2014 by above-
named persons into joining „Alliance‟ group. However, on 14.04.2018,
Daksh Mittal was asked to leave the said group because his father Naval
Commander (Retd.) Kuldeep Mittal had informed Mr.Modi of their criminal
plot to do an acid attack and torture the appellant and to frame and kill his
trainer, Kapil Modi. Thereafter, on 16.04.2018, Commander Mittal e-mailed
detailed unedited chat records, from 4th March to 14th April 2018 of
„Alliance‟ group, to Mr.Modi. On 17.04.2018, appellant received complete
printout of said whatsapp chat from his trainer Modi. On 21.04.2018, Daksh
Mittal issued public apology and revealed the insights of the whatsapp group
and accused persons‟ hatred towards horse rider who belongs to Scheduled
Caste category. Accordingly, on 22.04.2018, Kapil Modi registered a
complaint at Police Station Fatehpur Beri, Delhi vide DD No.28-B at 03.55
p.m. In this complaint, he disclosed the plan of „Acid Attack‟ on his student
(appellant herein) namely Prashant who belongs to Scheduled Caste
community. However, police did not take any action on the said complaint.
48. Further alleged that on 28.04.2018 in execution of the criminal plot
discovered in the chat records of „Alliance‟ group; Shivani Pasrich, Ameera
Pasrich and Shikha, came to Kapil Modi‟s farm along with officers from
Animal Husbandry and 6-7 policemen from Police Station Fatehpur Beri.
Shivani Pasrich criminally intimidated appellant and threatened to kill him.
However, appellant on the same evening, fearing of his life, tweeted to the
Hon‟ble Prime Minister of India. Thereafter, on 29.04.2018 at 12:30 p.m.
appellant went to Police Station Fatehpur Beri to register his complaint but
the police officials disgracefully refused to receive and register the
complaint. However, on the same evening, appellant again tweeted to the
Hon‟ble Prime Minister and other authorities mentioning therein that police
have refused to register his complaint. Having no alternative, on
02.05.2018, appellant e-mailed his complaint to the Hon‟ble Prime Minister
and others including Commissioner and D.C.P. of Delhi Police. Again on
03.05.2018, he sent copies of the complaint to Commissioner, Delhi Police
and others. On 06.05.2018, appellant marked another tweet to the Hon‟ble
Prime Minister and others stating that he realised that inspite of his cries for
help, no one has helped him and he realised that Scheduled Caste people are
only used for political gain.
49. After loosing hope from all corners, however, on 11.05.2018 at 9.33
a.m. appellant received an e-mail from Special Commissioner of Police,
Delhi (Southern Range) to take necessary action on the appellant‟s
complaint. Despite, police did not register the case against accused persons.
Therefore, at last, on 14.05.2018, due to inaction of Police and other
authorities, appellant filed an application under section 156(3) Cr.P.C.
before the learned MM, however, same was dismissed.
50. Since the public servants (respondents herein) willfully neglected
their duties required to be performed under Sections 4(1) & 4(2) of the SC &
ST Act, the appellant filed a complaint case bearing No.536/2018 before Ld.
ASJ-02(South) Spl Judge, Saket Courts, New Delhi on 25.05.2018.
Meanwhile, appellant also received a copy of letter dated 22.05.2018
addressed to Commissioner of Police requesting him to get the matter
investigated and thereafter, for sending a factual report directly to Ms. Indri
Anurag, Joint Secretary, Government of India, Ministry of Social Justice and
Empowerment, New Delhi-110015 under intimation to department for the
welfare of SC/ST/OBC I.P. Estate, New Delhi.
51. It is pertinent to mention here that on 29.05.2018 at 11:12 am,
appellant emails to Commissioner of Police, Delhi regarding an intimidating
and humiliating phone call from a person claiming to be police officer from
mobile No. 9560820778 at 6:37 pm. And on 02.06.2018 at 11:24 am,
appellant emails the Hon'ble the then Chief Justice of India highlighting the
apathy of the lower judiciary towards schedule caste. However, vide
impugned order dated 05.06.2018, learned Special Judge dismissed the
application filed under section 4 of SC/ST Act. The appellant also filed
another complaint vide CT No.627/2018 under section 4 of SC/ST Act,
however, same was dismissed by above mentioned Judge, vide order dated
27.08.2018.
52. In view of facts discussed above, there was an imminent danger of
the life and persons of the appellant. He lost his peace of mind because
being in reasonable apprehension of danger to his person and completely
disturbed and perturbed fearing acid attack from the alleged accused
persons. Moreover, there was reasonable and bonafide belief that evidences
in electronic form may be destroyed or tempered with.
53. Be that as it may, grievance of the appellant is that he approached
Police Station Fatehpur Beri on 29.04.2018 with complaint of atrocities and
humiliation committed by the accused persons, however, said complaint was
not entertained by the police officials of said Police Station.
54. Defence of the then SHO, Fatehpur Beri, is that said police station did
not receive complaint dated 29.04.2018, however, it actually reached to
police station on 31.05.2018 through the Office of Commissioner of Police,
Delhi and thereafter made inquiry thereon.
55. The above-stated defence cannot be accepted for interalia reasons:
(a) On 22.04.2018, Kapil Modi, registered a complaint in Police Station
Fatehpur Beri, Delhi vide DD No.28-B at 3.55 p.m. In the said
complaint, he disclosed the plan of „Acid Attack‟ on his student
namely Prashant (appellant herein) who belongs to Scheduled Caste
community.
(b) On 28.04.2018, fearing of his life, appellant tweeted to the Hon‟ble
Prime Minister, when Shivani Pasrich, Ameera Pasrich and Shikha
came to Kapil Modi‟s farm along with officers from Animal
Husbandry and police officials and Shivani Pasrich criminally
intimidated the appellant and threatened to kill him.
(c) On 29.04.2018 itself, the day of alleged complaint, again tweeted the
Prime Minister of India and other authorities mentioning therein that
Police has refused to register his complaint.
(d) On 02.05.2018, appellant e-mailed his complaint to Hon‟ble Prime
Minister and other authorities including Commissioner and DCP of
Delhi Police.
(e) Again on 03.05.2018, appellant sent the copies of complaint to
Commissioner of Police, Delhi and others.
(f) On 06.05.2018, appellant again tweeted to Hon‟ble Prime Minister
and others stating that no one had helped him because he belongs to
Scheduled Caste community.
(g) On 11.05.2018 at 9.33 a.m. appellant received an e-mail from Special
Commissioner of Police, Delhi (Southern Range) for taking action on
the alleged complaint.
(h) On 14.05.2018, appellant filed an application under section 156(3)
Cr.P.C. for directions to register FIR against accused persons.
56. Thus, in view of above, it is established that appellant ran from pillar
to post to get justice, but present case is hight of deafness of Delhi Police, in
particular the then SHO of Police Station Fatehpur Beri.
57. This Court is conscious of the fact that the complaint in question was
dated 29.04.2018, however, as per directions of the Hon‟ble Supreme Court
in case of Dr.Subhash Kashinath Mahajan (supra) dated 20.03.2018, the
Police was not supposed to register FIR straightway, if allegations are
falling under section SC/ST Act, but after enquiry if prima facie case is
made out. The said directions were in operation till Parliament had brought
amendment and said directions were reviewed on 01.10.2019 by the Hon‟ble
Supreme Court. As per directions dated 20.03.2018 of the Hon‟ble Supreme
Court in Dr. Subhash Kashinath Mahajan (supra), preliminary enquiry
must be conducted within 7 days, whereas in the present case, enquiry report
was submitted by the ACP on 18.06.2018 i.e. after 59 days.
58. In view of above facts, it is not in dispute that during the sun-set
period, on the allegations falls under SC/ST Act, preliminary enquiry was to
be conducted but for other allegations and there was no embargo to register
FIR. On perusal of complaint dated 29.04.2018, there are allegations falling
under the other offences of IPC. But, the then SHO of Police Station
Fatehpur Beri failed to register FIR for other offences, however, not falling
under SC/ST Act.
59. Regarding allegations falling under SC/ST Act, the SHO of Police
Station Fatehpur Beri was duty bound to entertain complaint and perform his
duty required to be performed under section 4(1) and 4(2) of the SC/ST Act,
however, he failed to do so. Moreover, the courts below have ignored the
above facts.
60. In view of above discussion and settled legal position of law and
statute, this Court is of the view that the then SHO of Police Station
Fatehpur Beri is liable to be prosecuted under section 4(2)(b) of SC & ST
(Prevention of Atrocities) Act, 1989 as amended up-to-date.
61. Accordingly, the impugned order dated 05.06.2018 is hereby set aside
and Trial Court is directed to initiate proceedings against the then SHO of
Police Station Fatehpur Beri as per law, however, no coercive steps shall be
taken against above said alleged accused.
62. In view of above, present appeal is allowed and disposed of.
63. This order be transmitted to learned counsel/representative for the
parties.
64. A copy of this order be transmitted to the learned Trial Court for
information and compliance.
CRL.M.As. 11836/2018 & 2660-61/2020
65. In view of the order passed in the present petition, these applications
have been rendered infructuous and are accordingly, disposed of.
(SURESH KUMAR KAIT)
JUDGE
APRIL 28, 2020
ms/ab
