IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
Sunil Kumar, son of late H.N. Singh Yadav – Appellant
Versus
State of Jharkhand – Respondent
By the Court:-
ANIL KUMAR CHOUDHARY, J.
1. Heard the parties.
2. This Writ Petition has been filed invoking the jurisdiction of this Court under Article 226 of the Constitution of India with a prayer to quash the FIR being Dumka Sadar SC/ST P.S. Case No. 07 of 2023 dated 19.10.2023 registered for the offences punishable under Sections 341, 323, 504, 506, 354 of Indian Penal Code and under Section 3 (1) (r) (s) of Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 which has been mentioned as SC/ST Act, 2016 in the formal FIR as well as the endorsement regarding registration of the case made on the FIR by the Officer-in-Charge of the concerned SC/ST police station.
3. The allegation against the petitioner is that the petitioner while posted as settlement officer was approached by the informant- respondent no.4 lady with an application under Right to Information Act. It is alleged that the petitioner became enraged and refused to receive the said application under the Right to Information Act and told informant-respondent no.4 that they are insane Adivasis and they are coming to annoy and thereafter abused using obscene language and indecent behaviour and pushed the
The court ruled that without the informant being a member of a Scheduled Caste or Tribe, no offences under the SC/ST Act can be established, leading to the quashing of the FIR.
Abuse using obscene language and indecent behaviour – Unless name of caste or tribe finds place in public notification made by President of India, such person cannot be treated as a Scheduled Caste o....
The central legal point established in the judgment is the requirement of incidents taking place in public view and the caste of the accused being of the informant for taking cognizance under the Sch....
The existence of a civil dispute does not bar criminal proceedings, and allegations in the FIR, if true, prima facie establish offences under the Scheduled Castes and the Scheduled Tribes (Prevention....
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 FIR under the Atrocities Act was quashed due to lack of essential elements, including public view and caste identification.
The court held that cognizance for offences under the SC/ST Act cannot be taken without a chargesheet, while maintaining cognizance for IPC offences due to specific allegations.
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.
The court emphasized the importance of not questioning the veracity of the allegations in the FIR and the need to exercise the power of quashing sparingly, based on the specific parameters and circum....
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....
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