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SUPREME COURT OF INDIA
S. RAVINDRA BHAT, DIPANKAR DATTA, JJ.
Ramesh Chandra Vaishya - Appellant
Versus
The State of Uttar Pradesh & Anr. – Respondents
Criminal Appeal No 1617 of 2023 [Arising Out Of SLP (CRL) No. 1249 of 2023]
Decided On : 19-05-2023
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 – Section 3(1)(x) – Indian Penal Code, 1860 – Sections 323 and 504 – Criminal Procedure Code, 1973 – Section 482 – Hurt and intentional insult – Allegation of caste related abuses – Every insult or intimidation for humiliation to a person would not amount to offence under Section 3(1)(x) of SC/ST Act unless such insult or intimidation is targeted at victim because of he being a member of a particular Scheduled Caste or Tribe – At the relevant point of time of incident of hurling of caste related abuse at complainant by appellant, no member of public was present – Since utterances, if any, made by appellant were not “in any place within public view”, basic ingredient for attracting Section 3(1)(x) of SC/ST Act was missing/absent – First F.I.R. as well as charge-sheet that same makes no reference to utterances of appellant during course of verbal altercation or to caste to which complainant belonged, except for allegation/observation that caste-related abuses were hurled – Nature of hurt suffered by complainant in the process is neither reflected from first F.I.R. nor charge-sheet – Completion of investigation within a day in a given case could be appreciated but in present case it has resulted in more disservice than service to cause of justice – Even though appellant might have abused complainant but such abuse by itself and without anything more does not warrant subjecting appellant to face a trial, particularly in clear absence of ingredient of intentional insult of such a degree that it could provoke a person to break public peace or commit any other offence – Criminal case quashed. (Paras 17, 18, 21, 23 and 25)
Facts of the case:
Present appeal, by special leave, questions the judgment and order dated 23rd May, 2022 passed by a Single Judge of the High Court of Judicature at Allahabad, dismissing an application under Section 482 of Code of Criminal Procedure, 1973 instituted by the appellant seeking quashing of charge-sheet as well as pending criminal proceedings.
Findings of Court:
High Court misdirected itself in failing to appreciate challenge to criminal proceedings including charge-sheet in proper perspective and occasioned a grave failure of justice in rejecting such challenge.
Result : Appeal allowed.
Understood. Please provide the legal document content (inside
JUDGMENT :
DIPANKAR DATTA, J.
Leave granted.
2. The present appeal, by special leave, questions the judgment and order dated 23rd May, 2022 passed by a learned Single Judge of the High Court of Judicature at Allahabad (“High Court”, hereafter) dismissing an application under section 482 of the Code of Criminal Procedure, 19731[Application u/s 482 No. 38374 of 2018] (“Cr. PC”, hereafter) instituted by the appellant seeking quashing of the charge-sheet as well as the pending criminal proceedings2[Case Crime No. 23 of 2016; Criminal Case No. 376 of 2016].
3. In a nutshell, the prosecution's case is that on 14th January, 2016, at about 7.00 am, the appellant was engaged in an altercation with the second respondent (“complainant”, hereafter) over the issue of drainage of water. It is alleged that during this altercation, the appellant verbally hurled caste related abuses towards the complainant and his family members, and subsequently physically assaulted the complainant causing him multiple injuries. Consequently, on 20th January, 2016, a First Information Report (“first F.I.R”, hereafter) was registered against the appellant under sections 323 and 504, Indian Penal Code, 1860 (“IPC”, hereafter) and 3(1)(x), the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (“SC/ST Act”, hereafter).
4. Investigation was conducted by the concerned Circle Officer (“I.O.”, hereafter). Upon investigation, which was completed within a day, the I.O. reached the conclusion that there were materials against the appellant to send him up for trial and consequently, a charge-sheet dated 21st January, 2016 under sections 323, 504, IPC and 3(1)(x), SC/ST Act was filed before the concerned court against him. The court took cognizance of the offence on 3rd May, 2016.
5. It is important to emphasize at this juncture that the appellant intended to lodge an F.I.R. arising out of the same incident. According to him, he was badly beaten up by the complainant and his son with canes and lathis on 14th January, 2016, as a result of which he too sustained injuries. On the same date, when the appellant approached the police station to lodge the F.I.R., it was not registered; instead, the appellant was challaned and kept under detention by the concerned inspector in-charge under sections 151, 107, and 116, Cr. PC. He was subsequently released upon furnishing bail bond. Owing to the failure of the Police to register the F.I.R., the appellant moved an application under section 156(3), Cr. PC. Pursuant to the order passed by the Magistrate, an F.I.R. dated 18th February, 2016 (“second F.I.R.”, hereafter) was registered for the offences under sections 323, 325, 392, 452, 504, 506, IPC against the complainant (second respondent).
6. It is also noted that the appellant has instituted a suit3[ C.S. No. 07 of 2017] before the civil court seeking permanent injunction against the complainant’s continued encroachment upon the appellant’s lands. The same is pending consideration before the competent court.
7. Aggrieved by the aforesaid charge-sheet, the appellant invoked the jurisdiction of the High Court on 5th October, 2018 by applying under section 482, Cr. PC. He sought quashing thereof as well as the criminal proceedings against him on the grounds that the said charge sheet discloses no offence and the present prosecution has been instituted with mala fide intention for the purposes of harassment.
8. Having held that a prima facie case for grant of interim relief was set up, the High Court, vide interim order dated 15th November, 2018, directed that no coercive action be taken against the appellant, pending consideration of the application under section 482, Cr. PC.
9. However, upon a contested hearing, the High Court found no material irregularity in the charge-sheet or the procedure followed by the Court below in taking cognizance, and proceeded to dismiss the appellant's application under section 482, Cr. PC vide the impugned judgment and order. The High
The central legal point established in the judgment is the need to prevent the misuse of the provisions of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act and to discourage dis....
The court emphasized that criminal proceedings must be quashed if they lack prima facie evidence, preventing abuse of the judicial process.
For an offence under the SC/ST Act, there must be intent to humiliate based on caste identity; mere membership in a Scheduled Caste is insufficient.
The absence of independent witnesses and the private nature of the incident precluded establishing the essential elements of the alleged offences under the Atrocities Act, leading to the quashing of ....
Delay in lodging a complaint and lack of sufficient evidence obscured intent to humiliate under the Scheduled Castes and Scheduled Tribes Act, leading to quashing of proceedings.
Insufficient grounds for charges under the Atrocities Act were identified, as the allegations did not satisfy requisite legal conditions.
(1) Insult within public view – If alleged offence takes place within four corners of wall where members of public are not present, then it cannot be said that it has taken place at a place within pu....
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