1997 Supreme(Raj) 1187
RAJASTHAN HIGH COURT
P.C.Jain, A.S.Godara, JJ.
Hemendra - Appellant
Versus
State of Rajasthan - Respondent
S.B. Criminal Misc. Petition No. 1013 of 1996.
Decided On : 27-05-1997
The court held that the allegations in the FIR, if taken at face value, constitute offences under sections 3(1)(vii) and (x) of the Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act, 1989. The court also held that the FIR and investigation material constitute offences under Section 3(1) of the Act.
Headnote:
CRIMINAL PROCEDURE CODE - SECTION 482 - QUASHING OF FIR - SCHEDULE CASTES AND SCHEDULE TRIBES (PREVENTION OF ATROCITIES) ACT, 1989 - SECTION 3(1)(VII), (X) - OFFENCES AGAINST MEMBER OF SCHEDULED CASTE - INTENTIONAL INSULT OR INTIMIDATION WITH INTENT TO HUMILIATE - PUBLIC PLACE - FIR ALLEGING ABUSE, INSULT, AND INTIMIDATION OF INFORMANT, A MEMBER OF SCHEDULED CASTE, BY ACCUSED, A NON-MEMBER - COURT HELD THAT FIR AND INVESTIGATION MATERIAL CONSTITUTE OFFENCES UNDER SECTION 3(1) OF THE ACT - PETITION TO QUASH FIR DISMISSED.
Fact of the Case:
Informant Dhurendra Meghwal, a member of the Scheduled Caste, alleged that the accused, a non-member, abused, insulted, and intimidated him in a public place due to his brother's candidature in student union elections. The accused allegedly forced Dhurendra to adopt a humiliating posture and threatened him against supporting his brother. An FIR was registered under sections 341, 342, 365, 323, 504/34 IPC, and sections 3(1)(vii), (x), and (xi) of the Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act, 1989.
Finding of the Court:
The court found that the allegations in the FIR, if taken at face value, constitute offences under sections 3(1)(vii) and (x) of the Act of 1989. The court held that the accused's actions were intended to humiliate Dhurendra and were committed in a public place within public view. The court also found that there was no evidence of malice or ulterior motive on the part of Dhurendra to falsely implicate the accused.
Issues: 1. Whether the allegations in the FIR constitute offences under the Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act, 1989? 2. Whether the FIR and investigation material constitute offences under Section 3(1) of the Act? 3. Whether the petition to quash the FIR should be allowed?
Ratio Decidendi: 1. The court held that the allegations in the FIR, if taken at face value, constitute offences under sections 3(1)(vii) and (x) of the Act of 1989. The court found that the accused's actions were intended to humiliate Dhurendra and were committed in a public place within public view. 2. The court held that the FIR and investigation material constitute offences under Section 3(1) of the Act. The court found that the allegations in the FIR, if taken at face value, constitute offences under the Act and that the material available in the case diary corroborates the allegations. 3. The court held that the petition to quash the FIR should be dismissed. The court found that there was no merit in the petition and that the FIR and investigation should not be quashed.
Final Decision: The petition to quash the FIR was dismissed.
JUDGMENT
1. - This petition under section 482 of the Code of Criminal Procedure, 1973 (for short 'the Code') has been moved by the accused petitioner thereby invoking the inherent powers of the Court with a request to quash FIR No. 377/96 registered at and pending investigation with the Police Station, Udaimandir, Jodhpur.
2. Briefly, for the purpose of disposal of this petition, the allegations as are made in the impugned FIR lodged by the informant Dhurendra Meghwal on 1.10.1996 at 5.10 p.m. with the Officer in charge, Police Station, Pratapnagar since the alleged incident took place within the territorial jurisdiction of the Police Station, Udaimandir, Jodhpur, the same having been forwarded to the Officer in charge, Udaimandir, Jodhpur whereat the said FIR was registered, are that the informant is real brother of Mahendra Meghwal. The informant Dhurendra was student of B. Pharma (Second Year) at the Lachu College, Jodhpur. Mahendra Meghwal was student of L.L.B First Year of the Jodhpur University. This incident is alleged to have taken place on the night intervening 27/28.9.1996 between 2200 hours to 0215 hours near the Kamla Nehru (Girls) College, Jodhpur whereat the famous Martyrs' Memorial is situated. Mahendra Meghwal was contesting as a candidate for the post of Joint General Secretary of the Students' Union (Apex Body) of the J.N.V. University, Jodhpur, Dhurendra was actively engaged in canvassing for his brother along with his friends Anil Seni, Avinash Arora, Anil Phillip and Anurag Mathur etc. On 27.9.1996 at about 10 p.m. Dhurendra along with his aforesaid friends was proceeding in his jeep No. RNM 7088 on the link road connecting Ratanada Road to Circuit House Road and on their reaching near the Bal Niketan School situated adjacent to the K.N. (Girls) College, two persons riding a motor-cycle over-took the jeep and stopped the same. They dragged out Dhurendra and they started abusing and insulting him. They told Dhurendra that he should accompany them to Babu Singh Rathore who was then. sitting President of the Students' Union J.N.V. University, Jodhpur but Dhurendra refused to accompany them. He was threatened, thrashed and lifted and, lastly, was forcibly seated on the.motor-cycle between the two motor cyclists and he was kidnapped and taken to a lonely place situated ahead of K.N. (Girls) College, Jodhpur towards the over-bridge. He was detained there and was given a thrashing, his both hands were tied and he was made to run from one place to another. Dhurendra was threatened that since his brother (Mahendra Meghwal) was contesting election of the said post on the symbol of A.B.V.P. and, therefore, he was being taught a lesson therefor. He was further warned that in case his brother did not contest on the symbol of and as a candidate of N.S.U.I. for the Union post, his brother would face danger to his life. Besides, he was threatened that he would not henceforth go for canvassing in favour of his brother. It was further alleged that before being kidnapped from the jeep, as above, after taking him to a little distance in the corner near the Martyrs' Circle near the campus of Bal Niketan School, he was forced, thrashed and intimidated to bend and adapt a shape of a cock by bending to the extreme low and catching his both ears with fingers of both hands taking the same from the underneath bending joints of both the knees. Thus he was badly thrashed, intimidated, threatened, humiliated and, lastly being abused and insulted, he was left at about 2 a.m. in the night near the jeep whereat companions of Dhurendra were waiting for him. Since both the accused-persons committing aforesaid offences were previously not known to Dhurendra and his associates, it was stated that they could identify both the persons. Besides, identification marks of the vehicles on which the accused persons were riding were also given in the report. Since Dhurendra was busy in the forth-coming elections, this report was lodged on 1.10.1996, as
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