The court ruled that an FIR against a public servant cannot be issued without a preliminary enquiry, which must establish a basis for such action and is mandated by the SC/ST Act.

JUDGMENT :

JASMEET SINGH, J.

1. This instant appeal is filed under section 14A of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 ('SC/ST Act') read with Section 482 of Code of Criminal Procedure, 1973 ('Cr.P.C.') challenging the order dated 29.02.2020 ('impugned order') passed by the learned ASJ-02, Special Judge [SC/ST Act] (South-West) Dwarka Court, Delhi wherein application filed by the respondent no. 2/complainant under section 4 read with section 3(2) (vi) and (vii) of SC/ST Act and under Section 217 and 218 of INDIAN PENAL CODE , 1860 ( 'IPC') against the appellant was allowed and the learned special court directed to lodge the first information report ('FIR') against the appellant.

BRIEF BACKGROUND

2. A complaint was made by the complainant against the Constable Rajini and her husband Constable Vikas Yadav over a dispute of parking when their scooty had blocked the way of the car belonging to the complainant. Complainant further made allegations of insult, humiliation and threat against the accused. On the basis of complaint, on 26.06.2019 an FIR No. 261/2019 under section 3(1)(c), 3(1)(r) of SC/ST Act read with section 506 of IPC at PS Baba Haridas Nagar, District Dwarka was registered.

3. The appellant was appointed as the Investigation Officer ('IO') and conducted a detailed investigation. After the investigation was completed, appellant submitted the chargesheet before the learned special court on 16.08.2019. The chargesheet was filed against the three persons namely Vikas Yadav, Rajini and Sundra Devi (“accused persons') for the commission of the offences under section 3(1)(r) of SC/ST Act read with section 506 and 34 of IPC without arresting them in view of Arnesh Kumar vs. State of Bihar , (2014) 8 SCC 273 .

4. On 20.08.2019, learned special court directed the appellant to appear in court to take cognizance on the chargesheet. Hence, summons were issued to the appellant. On 24.09.2019, appellant appeared before the learned special court and the matter was further adjourned to 16.11.2019. Afterwards, summons were again issued for ensuring the presence of the appellant for the next date of hearing.

5. On 16.11.2019, learned special court judge was on leave and the matter was adjourned to 24.12.2019.

6. Complainant filed an application on 24.12.2019 under section 4 read with section 3(2) (vi) and (vii) of SC/ST Act and under section 217 and 218 of IPC seeking a direction against the appellant to supply the copy of the chargesheet along with the documents to the complainant. Further, complainant also sought to take stern action against the appellant for wilfully, intentionally and deliberately violating the provisions of the SC/ST Act.

7. On 24.12.2019, appellant forwarded his request seeking personal exemption from appearance and the same was allowed. Notice was also issued to the appellant on the application and summons were issued to the appellant to appear on the next date of hearing. The matter was adjourned to 01.02.2020.

8. On 01.02.2020, the appellant was posted for special duty in relation to Anti CAA protest. The appellant sent SI Anoop Rana to convey his request and to seek exemption from his personal appearance before the court and the same was allowed vide order dated 01.02.2020 and the next date of hearing was 29.02.2020.

9. On 29.02.2020, the appellant didn’t appear and the impugned order was passed directing the FIR to be registered against the appellant under section 4 of SC/ST Act. Hence the instant appeal.

10. Vide Order dated 15.04.2020, notice was issued in this petition to respondent nos. 1 an