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DEEPAK GUPTA
Suresh Sood – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
DEEPAK GUPTA, J.
1. Prayer in this petition filed under Section 482 Cr.P.C. is to quash FIR No. 74 dated 29.04.2017 (Annexure P-1), registered under Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 [hereinafter referred as ‘the SC and ST Act] at Police Station Moga City, District Moga, Punjab and all other subsequent proceedings thereof.
2. FIR was lodged on the complaint of Ashok Kumar Safri (respondent N: 3), President of Valmiki Sabha, Moga, who along with various other officers/officials of the Municipal Corporation, Moga, came to the police station, alleging that on 16.02.2017 at about 10.30 a.m., in a meeting of officers/official of the M.C. Moga, accused Suresh Sood (petitioner herein) used caste related words by stating that he will take action against chuhras and the officers mentioned in the FIRs got registered by him in various police stations and shall teach a lesson to the chuhras and bhangis as to how the duties are performed, thus disturbing the office discipline.
3............
The main legal point established in the judgment is that for an offence under Section 3(1)(r) of the SC & ST Act, the insult or intimidation should be on account of the victim belonging to Scheduled ....
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 need to prevent false and frivolous cases under the SC/ST Act and highlighted the importance of evidence to support charges under the Act.
Quashing petition under SC/ST Act dismissed as FIR allegations of caste abuse at public place prima facie disclose offences; courts accept averments at face value without evidence appreciation, civil....
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 court held that an allegation of abuse in the name of caste must be supported by evidence and cannot be made as an afterthought or with mala fide intention. The court also held that a delay in lo....
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