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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
GAUTAM CHOWDHARY, J.
Soni Devi – Appellant
Versus
State Of U.P. And 10 Others – Respondents
Application U/S 482 No.12864, 27758, 27812 of 2021, 4382, 6688 of 2022, Criminal Revision No.2363 of 2021
Decided on : 07-04-2022
Criminal Procedure Code,1973 - Sections 482, 190, 190 (1) (a) 156 (3) , 200 and 202 - Indian Penal Code,1860 - Sections 323, 504, 506 - SC/ST Act - Section 3 (1) - Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 2015 - Section 2(d) - Criminal Intimidation – Intentionally Insults - Applicant belongs to Scheduled Caste category situated in Village Asana, which is adjacent to property of the opposite party no.2 - Opposite party no.2 started raising illegal construction over the plot of applicant and when she resisted, opposite party no.2 herself moved an application for demarcation of her boundary, upon which the Sub-Divisional-Officer after calling for the report from the Revenue Inspector, measured the land and it was found that opposite party no.2 has illegally entered into the property of the applicant - Again opposite party no.2 tried to encroached upon applicant’s property and when she objected - used caste indicating words and had beaten her in which she sustained injuries which were examined - She moved an application before the concerned police station for registering the case but the same was not lodged -(Para 29,30).
Finding of the Court: Aggrieved person may approach Special Court or the Exclusive Special Court against the public servant for punishing him under Section 4 of the Act, for neglecting his duties by a public servant but not being member of Scheduled Caste or a Scheduled Tribe. Even if the grievance is not redressed - Case in hand is that in Criminal Misc. Application under Section 482 Cr.P.C is leading case - Learned Special Judge (SC/ST) Act has treated the application under Section 156 (3) Cr.P.C - Second and third case being Criminal Misc. Application under Section 482 Cr.P.C. accused persons/applicants have challenged the summoning – Section 4 (3) of the Act provides that the cognizance in respect of any dereliction of duty referred to in sub-section (2) by a public servant shall be taken by the Special Court or Exclusive Special Court and shall give direction for penal proceedings against such public servant.
Result: Applications are allowed.
JUDGMENT :
1. Heard Sri S.B.Singh, learned counsel holding brief of Sri Rashid Ali, learned counsel for the applicant in leading application under Section 482 Cr.P.C. along with other counsel in the connected applications, Sri Sudhir Kumar Agarwal, learned counsel for the opposite party no.2 and Sri Rajeshwar Singh, along with Sri Rakesh Chandra Srivastava learned A.G.As. assisted by Sri Madnesh Prasad Singh, State Law Officer learned counsel for the State.
2. The germane facts of the aforesaid applications are as under:
(1) APPLICATION U/S 482 No. - 12864 of 2021
3. The applicant is the complainant in the present case.
4. The applicant belongs to Scheduled Caste category having bhumidhar of Khasra plot situated in Village Asana, which is adjacent to the property of the opposite party no.2. The opposite party no.2 started raising illegal construction over the plot of applicant and when she resisted, the opposite party no.2 herself moved an application for demarcation of her boundary, upon which the Sub-Divisional-Officer after calling for the report from the Revenue Inspector, measured the land and it was found that the opposite party no.2 has illegally entered into the property of the applicant. Again on 09.07.2020 at about 3 P.M. the opposite party no.2 tried to encroached upon the applicant’s property and when she objected, the opposite party no.2 used caste indicating words and had beaten her in which she sustained injuries which were examined. She moved an application before the concerned police station for registering the case but the same was not lodged. Thereafter she moved an application before the Superintendent of Police on 27.07.2020 but to no avail. Thus, she was constrained to file an application under Section 156 (3) Cr.P.C. before the Special Judge SC/ST Act, which was treated as a complaint case vide order dated 19.01.2021, which order is impugned in the present application.
(2) APPLICATION U/S 482 No. - 27758 of 2021
5. The applicants in this application are accused persons.
6. The opposite party no.2 had given Rs. 1,68,000/-to the applicant no.1 for executing a sale deed in his favour, however neither the sale deed was executed nor the amount was returned. On 07.10.2019 at about 3 P.M. the opposite party no.2 along with co-villagers Mobin, Sanjay, Furquan and Jai Karan reached the house of the applicant no.1 Prem, where all the accused persons (applicants) came out with lathi and danda, used Un-Parliamentary language and caste indicating words. When the informant/opposite party no.2 went to lodge a report, his report was not lodged, due to which, the opposite party no.2 sent an application before the Superintendent of Police but no heed was paid, therefore the opposite party no.2 moved an application under Section 156 (3) Cr.P.C. which was treated as a complaint case vide order dated 07.09.2020 in which, after recording of the statements under Sections 200 and 202 Cr.P.C. the learned Additional Sessions Judge/Special Judge (SC/ST Act), Amroha vide order dated 19.10.2021 summoned the accused-applicants to face trial under Sections 323, 504, 506 I.P.C. Section 3 (1) Dha SC/ST Act, Police Station Hasanpur, District Amroha. Being aggrieved by the summoning order, the accused-applicants have challenged the entire proceedings pursuant to the summoning order before this Court.
(3) APPLICATION U/S 482 No. - 27812 of 2021
7. The applicants in this application are accused in the present case.
8. On 28.07.2019 at about 4 P.M. when the opposite party no.2 was feeding her cows in the garden, the applicants armed with Danda and Axe came and started abusing her using caste indicating remarks and asked her as to how her cows entered into their field upon which altercation took place and they pushed her, due to which she fell down. Thereafter they mercilessly beaten her cows due to which the udders of the cows got burst. The opposite party no.2 returned to her house and told the entire happening to her husband. Again at about 11 P.M. t
Question that the Special Judge can treat the application under Section 156 (3) Cr.P.C. as a complaint case or not? Answer is “No”.
The Special Court under the Scheduled Castes and Scheduled Tribes Act can directly invoke Section 156(3) of the CrPC for registration of FIRs if preconditions of Sections 154(1) and 154(3) are met.
The Special Judge established under the Act has the power to treat the application under Section 156(3) Cr.P.C. as a complaint, contrary to the previous decision in Soni Devi case.
Police despite repeated efforts made by the appellant did not lodge the first information report as it is disclosed from the materials available on record and the pleadings in the memo of appeal, no ....
Direction for Police Investigation – Option to direct registration of case and its investigation by police should be exercised where some “investigation” is required, which is of a nature that is not....
The Magistrate has discretion under Section 175(3) of the BNSS to decide whether to register an FIR based on the application, assessing whether a cognizable offense is made out.
The main legal point established in the judgment is that the Special Court under the SC/ST Act has the power to take cognizance of offences directly for the purpose of providing a speedy trial, but i....
The court ruled that an FIR against a public servant cannot be issued without a preliminary enquiry, which must establish a basis for such action and is mandated by the SC/ST Act.
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