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2010 Supreme(Jhk) 491

In the High Court of Jharkhand at Ranchi
HOB'BLE MR.JUSTICE R.R.PRASAD
Pradeep Kumar Choubey ..Petitioner
VERSUS
State of Jharkhand and another . .. Opposite Parties
W.P.(Cr.) No.43 of 2010
Decided on : 22.6.10.

Advocates Appeared:
For the Petitioner:Mr.A.K.Kashyap, Sr. Advocate
For the State : Mr. Jalisur Rahman, J.C to G.P.III

Headnote:Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989—Section 3(1)(x)—Indian Penal Code, 1860—Sections 504, 506 and 354/34—Insult and intimidation as well as alleged attempt to outrage modesty—Incident took place inside official chamber of informant where no other person was present—Alleged offence did not take place in public view—Ulterior motive can very well be attached with institution of case by informant—Entire criminal proceeding including FIR quashed—Application allowed. (Paras 13 to 18)

Judgment

Extraordinary jurisdiction of this Court has been invoked by the Petitioner for quashing the entire criminal proceeding including the first information report of Scheduled Caste and Scheduled Tribe (RNC) P.S. case no.51 of 2009 (G.R.No.3691 of 2009) instituted under Sections 504, 506, 354/34 of the Indian Penal Code and also under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (hereinafter referred to as 'the Act).

Before adverting to the submission advanced on behalf of the parties, the facts of the case giving rise to this application need to be taken notice of which are as follows.

One Nathuni Ram lodged a written report before the Officer in Charge, SC/ST Police Station, Ranchi on 3.9.2009 at 7 P.M. alleging therein that on 28.8.2009 when he came to see his daughter, Beena Kumari at Kasturba Gandhi Residential Girls' School, Ormajhi where his daughter was employed as Warden, he came across with one Sushma Kumari, a teacher of the said school, who on seeing him, started abusing. Meanwhile, when his daughter Beena Kumari reached there, she became more aggressive and started hurling abuses by taking name of their caste with a view to humiliate them by saying that they being untouchable come all over the places and make the places unholy. In the meantime, husband and brother of said Sushma Kumari also reached who joined Sushma Kumari in hurling abuses and subjecting them to assault and they held out threat to him to get his daughter out of the school, otherwise he will have to face serious consequence. Thereupon he was told by her daughter that Sushma Kumari and her husband used to misbehave with her in such manner since long and they were pressuring her to leave the school. She also disclosed that the matter had been reported to this petitioner, District Superintendent of Education, Ranchi but he never cared to take any action against them, rather the petitioner by calling his daughter in chamber used to humiliate her by taking the name of her caste. He also used to say to her daughter that she being a member of scheduled caste community does not have right to do Government service.

It has also been alleged that the petitioner used to hold out threat to her daughter to come to his term, otherwise she would not only be defamed, rather she will have to lose her job. While holding out such threat, some times the petitioner did remove her dopatta and even dashed her.

On the said written report, a case was registered as Scheduled Caste and Scheduled Tribe P.S. case no.51 of 2009 under sections 504, 506, 354/34 of the Indian Penal Code and also under Section 3(1)(x) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act.

The said first information report has been sought to be quashed by the petitioner on the ground that the first information report has been lodged with an ulterior motive as the petitioner when found Beena Kumari not fit to hold the post of Warden on account of her misdeed, misbehaviour with the girl students and with the colleagues asked Beena Kumari on 3.9.2009 to submit her show cause in this respect but the said Beena Kumari instead of submitting show cause, went for medical leave and, therefore, services of the petitioner was terminated on 4.9.2009. Learned counsel appearing for the petitioner submits that same complaint which is there in the first information report was made before the Deputy Director, Welfare, South Chhotanagpur Division which was enquired into by the Director, Rural Development Organization, Ranchi but the allegations were found to be totally baseless and concocted.

Learned counsel further submits that so far the allegation relating to the offence under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act is concerned, that is not attracted at all so far this petitioner is concerned, as according to the allegation made in the first information report whatever humiliating utterances allegedly made by th













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