The misuse of the S.C./S.T. Act for personal grievances is impermissible, and allegations must substantiate a prima facie case to avoid abuse of legal processes.

JUDGMENT

Prashant Kumar, J.

Heard Sri. Gaurav Kakkar, learned counsel for the applicant, Sri. Aishwarya Pratap Singh and Sri. Avaneesh Tripathi, learned counsel for O.P. No.2 and Sri. S.D. Pandey and Sri. S.K. Chandraul, learned A.G.A.s for the State-O.P. No.1.

2. This is a case where a Professor had to pay a very heavy price for asking an Assistant Professor to take classes and teach properly. He was made an accused in a frivolous and malicious criminal case and had to face trial for last eight years, and further had to face humiliation, stigma, for no fault of his own, and on the other hand, the complainant, by misusing the provisions of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred as 'the S.C./S.T. Act'), had been using as a weapon and threatened the other seniors from taking any action against her.

3. The instant application under Section 482 Cr.P.C. has been preferred by the applicant praying for quashing charge sheet dated 08.10.2016 under Section 354C, 504, 506 of IPC and under Section 3(2) (va) of the S.C./S.T. Act as well as entire proceedings of Special Sessions Trial No.127 of 2016 arising out of Case Crime No.701 of 2016, Police Station-Colonelganj, District-Allahabad pending in the Court of Special judge, SC/ST Act, Allahabad.

Factual Matrix

4. The facts of the case in brief are that O.P. no.2 namely, Deep Shikha Sonkar has joined as Assistant Professor in Department of Economics in University of Allahabad in July, 2013 and at that time, Professor Jagdish Narain was the then Head of Department. Thereafter, the present applicant took charge as the Head of Department of Economics on 14.02.2014. On 05.01.2015, the then Dean, Faculty of Commerce, Professor Jagdish Narayan prepared a report with respect to newly appointed teachers for the period commencing from May, 2013 to February, 2014. In the said report, in respect of O.P. no.2 it was mentioned as follows:

5. Being annoyed with the aforesaid, O.P. no.2 filed multiple complaints as mentioned hereunder:

1st Complaint

(i) FIR was lodged on 01.10.2015 which was registered as Case Crime no.708 of 2015, under Section 65, 66 of the I.T. Act at Police Station-Colonelganj, District-Allahabad in which the applicant was not named but vague allegations were made against him in the body of the FIR.

2nd Complaint

(ii) The second complaint was made to the Womens' Advisory Board on 14.01.2016 wherein she alleged about receiving emails from two anonymous addresses in which image of her supervisor Professor G.C. Tripathi and Professor U.S. Rai was tarnished, the said complaint was also regarding her facebook account being hacked and someone downloading her photographs from her facebook account.

3rd Complaint

(iii) The third complaint was made to Vice Chancellor on 19.01.2016 wherein it was stated that her evaluation report which was given by Professor Kurwar about her work being not satisfactory from July, 2013 to February, 2014 was deliberate only to ensure that she doesn't get confirmed. In the said complaint, she also alleged that the present applicant (Professor Prahlad Kumar), after becoming the Head of Department was trying to get close to her and also used to call her in his room and make her sit for long hours for no reason.

4th Complaint

(iv) O.P. no.2 filed a fourth complaint on 13.02.2016 with the Committee for Complaints Against Sexual Harassment (hereinafter referred as 'CCASH') against Professor Prahlad Kumar (present applicant), wherein she alleged that initially she was kept in the Committee for alumni work but later on was removed. She also stated that she was scolded by the applicant in the corridor of the department.

6. On 16.02.2016 the applicant relinquished the office of the Head of Department for Economics as the Head of Department by rotation for two years as per prevalent norms of University of Allahab