IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE PRANAY VERMA ON THE 5^th OF MARCH, 2024 MISC. CRIMINAL CASE No. 43346 of 2023 BETWEEN:-

RAVI SHUKLA S/O SHRI VISHWANATH SHUKLA, AGED ABOUT 51 YEARS, OCCUPATION: BUSINESS 6, RAJASWA COLONY, MADHAV NAGAR, UJJAIN, DISTRICT UJJAIN (MADHYA PRADESH)

.....PETITIONER (BY SHRI VIVEK KRISHNA TANKHA- SENIOR ADVOCATE WITH SHRI GARURAV KUMAR VERMA- ADVOCATE )

AND

1. THE STATE OF MADHYA PRADESH STATION HOUSE OFFICER THROUGH POLICE STATION A.J.K., UJJAIN DISTRICT UJJAIN (MADHYA PRADESH)

2. PRABHULAL S/O BISHANLAL TATWAL, AGED ABOUT 69 YEARS, RET. PERSON, UJJAIN DIST. UJJAIN (MADHYA PRADESH)

.....RESPONDENTS (BY BY SHRI VISHAL SANOTHIYA – PANEL LAWYER FOR RESOPNDENT NO.1/STATE.

BY SHRI RISHIRAJ TRIVEDI- ADVOCATE FOR RESPONDENT NO.2 )

This petition coming on for admission this day, the court passed the following:

Signature Not Verified Signed by: JYOTI

ORDER

With the consent of learned counsel for the parties, the matter is finally heard.

2. This petition under Section 482 of the Cr.P.C. has been preferred by petitioner/accused for quashing the FIR No.10/2017 registered at Police Station A.J.K., Ujjain, District Ujjain against him for offences punishable under Section 323, 294, 506 of the IPC and Section 3(1)(a), 3(1)(s) and 3(2)(va) of the Scheduled Castes and Scheduled Tribe (Prevention of Atrocities) Act, 1989 and the charge sheet filed before the Court concerned. 3. As per the prosecution, on 23.08.2017 a complaint was lodged by the complainant/respondent No.2 to the effect that he has retired in January, 2017 as an Engineer from Municipal Corporation, Ujjain. On 23.08.2017 he had come to Freeganj and was standing in front of Billu boot House. At about 3:45 p.m. the petitioner came to him and abused him on the basis of his caste stating that due to him he has suffered great financial loss when he was in service he had black listed him due to which he did not get work and is not getting his remaining amount also. When the complainant asked him as to why he is saying so he abused him again which was also on the basis of his Caste. He thereafter beat the complainant with hands and fists and when he tried to save himself he was bitten by teeth. Thereafter he was saved by his friend and passersby. The petitioner then told him that today he has been saved but if he ever sees him again he will kill him. The petitioner has abused him on the basis of his caste which he and other persons hearing the same felt bad.

4. On the basis of report lodged by the complainant FIR was registered and investigation was commenced during course of which statements of witnesses were recorded and the relevant documents were Signature Not Verified Signed by: JYOTI collected. After completion of the investigation charge sheet has been filed by the Police before the Court concerned.

5. Learned Senior Counsel for the petitioner has submitted that the entire allegations as leveled against the petitioner even if taken to be true at their face value do not amount to commission of any offence by him. The FIR lodged against the petitioner is a result of mala fide action on part of the complainant. He has lodged the FIR only as a counter blast since the petitioner has already lodged an FIR against him forming subject matter of Crime No.536/2017 for offence punishable under Section 323, 294, 506, 326 of the IPC on 23.08.2017. The complainant as per his caste certificate belongs to ‘Berwa’ community which is mentioned in Article 341 of the Constitution of India and the Constitution (Scheduled Castes) Order, 1950 in Part IX Serial No.14. As per the FIR the complainant has stated that the petitioner abused him by his caste ‘Berwa Chamre’. Both are different community. The petitioner abused the complainant by calling him Chamre but he belongs to Berwa caste which shows his malafide intention. The FIR has been lodged on account of personal enmity. The offences which have been registered against the petitioner as per the SC/S