The court quashed the FIR due to lack of essential elements for prosecution under the SC/ST Act, emphasizing the need to prevent malicious prosecution.

JUDGMENT :

Sanjay Kumar Dwivedi, J.

Heard the learned counsel appearing on behalf of the petitioner, as well as the learned counsel for the respondent State and the learned counsel appearing on behalf of the respondent no.2.

2. This petition has been filed for quashing of the entire criminal proceeding including the First Information Report (FIR) being S.T./S.C. Dhanbad Case No.03 of 2024 dated 11.7.2024 registered for the offence under sections 354, 354-B, 504, 509 of the Indian Penal Code and sections 3(1)(r), 3(1)(w) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, pending in the court of learned Additional Sessions Judge-I, Dhanbad.

3. The First Information Report the prosecution case levels allegations against the petitioner under Section 354/354-B/504/509 of the Indian Penal Code and Section 3(1)(r)/ 3(1)(w) of the S.T./ S.C. Atrocities Act, on the basis of information submitted by one Shalo Devi, consequent to which the FIR has been registered by the officer in charge, police station, being S.T./S.C. P.S. Dhanbad Case No.03 of 2024, dated 11.07.2024. The date of occurrence has been provided in the FIR format as to be from 03.05.2021 to 03.05.2021. The place of occurrence has been described as to be the office of M/s BCCL, Ke Area-9, P.S.-Dhansar, Dhanbad. The petitioner has been named as accused in the FIR. The reason for delay in filing of the FIR has not been explained in the column at Sl. No.8 is blank. The content of the FIR is based on the information supplied by the lady, named as Shalo Devi, widow of Late Upendra Kumar. In the application submitted by the said lady, dated 11.07.2024 before the office in charge, SC/ST P.S. Dhanbad, it has been stated that the lady is widow of late Upendra Kumar and she is 25 years old, and belongs to SC category (Musahar Caste), and is resident of Sahana Pahadi Harijan Tola, near Shiv Mandir, P.O. & P.S.-Jharia, District-Dhanbad (Jharkhand). She has stated that she belongs to Musahar caste, which is categorized as scheduled caste. She has stated that her husband, namely Upendra Bhuinya died on 24.05.2021, and he was employee of M/s BCCL, Area-9, working as General Majdoor. On account of his death, she had approached the related department for grant of appointment on compassionate basis. All the necessary documents had been submitted, but the petitioner, who was then posted in the related Department, had invited the lady on several occasions in relation to work, but alone, on 03.05.2021 at 3:00 P.M. mid-day. She further said that the petitioner enticed the lady to do all the works as told by the petitioner, without giving a thought, and then he would prefer to forward the application of compassionate appointment of the lady before the competent authority. It has been alleged that the petitioner tried to hold the hand of the lady and further invited her to sleep together. It is also alleged that he also tried to disrobe her. The lady opposed such an action, on which he intimidated her and called her by the name of her caste and abused her. In the meantime, her brother Ravindra Prasad, son of Late Rameshwar Bhuinya, came into the office and heard and saw all the actions of the petitioner. The petitioner got embarrassed and ashamed and left the office. Thereafter, the petitioner had called the lady on several occasions at night, without any purpose and gave false assurances. He further used to invite the lady. It is alleged that the petitioner used to use slangs over the phone, and would demean her, by calling out the case of Musahar, to which she belonged. Further, it has been alleged that the relief of compassionate appointment, being pursued by the lady got delayed because of the petitioner. She did not receive the due arrears, pending to be paid, against the service of her husband, which was kept unpaid. It has also been alleged that false letters are being promoted to be written against the lady on the instigation of the petitioner. The lady has suff