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HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
ANAND SHARMA
Murari Lal Choudhary S/o Shri Maida Ram Jat – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
In S.B. Criminal Miscellaneous Petition No.4459/2020:
1. This Criminal Miscellaneous Petition has been filed by the petitioner seeking a prayer to quash FIR No.234/2020 registered at Police Station-Harmada, District-Jaipur (West) for offences under Sections 323 , 341, 336, 427, 456, 143, 509 & 380 IPC and Sections 3(1)(d), 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'the Act of 1989').
2. It is stated that complainant-Mukesh Kumar Raiger lodged an FIR alleging therein that his neighbour (Murari Lal Choudhary) came to his house at around 3:00 a.m. on 24.05.2020 along with 10-15 other persons and started stone pelting and forcibly entered in his house and abused the complainant by referring to his caste. He also assaulted mother of the complainant and misbehaved with his wife. Despite information given to the police station, no effective action was taken against the accused-petitioner.
3. By challenging the aforesaid FIR, learned counsel for the petitioner submits that allegations levelled in the FIR are totally vague, ambiguous and evasive. Bare reading of the contents of the FIR would not make out any cognizable offe
The court emphasized that an FIR under the SC/ST Act requires the humiliation of a SC/ST member to occur in public view; allegations must substantiate a cognizable offense.
FIR under SC/ST Act quashed absent caste-based insult, humiliation intent linked to caste, or cognizable offence ingredients; prior similar vexatious complaints indicate abuse of process for revenge.
An offence under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 can be committed within the compound wall of the house of the complainant, but in an open place wit....
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 ruled that allegations of caste-based abuse in public view under the SC & ST Act cannot be quashed without trial, emphasizing the need for intent to humiliate linked to caste identity.
The Court emphasized the importance of evidence and the absence of a motive for the complainant to falsely implicate the petitioner, leading to the quashing of the FIR.
The judgment emphasizes the need to demonstrate intention to humiliate a member of the SC/ST community for the SC/ST Act to apply, and discusses the applicability of anticipatory bail under the Act.
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