IN THE HIGH COURT OF MADHYA PRADESH

AT GWALIOR

BEFORE

HON'BLE SHRI JUSTICE RAJESH KUMAR GUPTA

th

ON THE 5 OF JANUARY, 2026

MISC. CRIMINAL CASE No. 48997 of 2019

RAKESH KUMAR SHARMA

Versus

TULARAM SHAKYA AND OTHERS

Appearance:

Shri Vijay Dutta Sharma - Advocate for the petitioner.

Shri Dinesh Savita - PP for the State.

Shri Ankur Maheshwari- Advocate for respondent No.1.

ORDER on 24.09.2018 in which the allegations were made that the petitioner is obstructing the respondent in the discharge of his official duties and the petitioner used to humiliate the respondent knowingly that the respondent belongs to the SC/ST community and also abused the respondent by abusing him is filthy and caste related words. It may be observed that the respondent No.1 and petitioner were not having harmonious relations and the respondent No.1 being the principal of the school was in a commanding position over the petitioner. The main allegation against the petitioner is that on 06.07.2018 when the respondent/complainant was in his office, the petitioner came at the door of the office and abused the complainant/respondent by taking the name of his cast and torn some papers which were in the hands of respondent/complainant. It was also pleaded that the complainant/respondent No.1 also submitted a written complaint before respondent No.2 as well as before the S.P. Morena but no enquiry/action has been taken by them so that he has filed the private complaint.

The present petition has been filed under Section 482 of the Cr.P.C. to

quash the criminal complaint No.331/2018 pending in the court of Special Judge Atrocities, Morena as well as for the quashing of the order dated 03.05.2019 passed by the same court by which the cognizance under Section 506/2 of IPC and Section 3(1)r, 3(1)s and 3(2) (5A) of the SC/ST Prevention of Atrocities Act has been taken against the petitioner on the complaint filed

by the respondent/complainant.

Brief facts of the case are that the petitioner and the respondents are

posted in the same school. The petitioner is UDT teacher in the Government Model Higher Secondary School Sabalgar Distt. Morena and the respondent no.1/complainant is the principal in the same school. The respondent No.1 filed a criminal complaint in the court of Special Judge Atrocities, Morena

The two witnesses were examined u/s 200 Cr.P.C. on behalf of the complainant/respondent No.1 before the court below, out of which one is said to be the peon of the school named Rajaram Jatav and second is the complainant himself. The learned court below called the police report in respect of the complaint submitted by the respondent No.1 before the P.S. Sabalgar and P.S. Sabalgar has submitted its enquiry report conducted on the complaint of respondent No.1. The learned court below after examining the witnesses on behalf of the respondent/complainant has passed the order dated dated 03.05.2019 by which the cognizance u/s 3(1)(r),(s) & 3(2)(5A) of SC ST Act and u/s 506-2 IPC has been taken against the petitioner. Being aggrieved by the order dated 03.05.2019, petitioner has preferred this petition.

Learned counsel for the petitioner submitted that the respondent No.1/complainant has filed a baseless complaint against the petitioner being malice and as a counter blast with the motive for taking revenge from the petitioner and the learned court below has committed error in taking the cognizance on the complaint of the respondent No.1 so that the petitioner has filed this petition for quashing the order dated 03.05.2019 as well as for quashing of the complaint number 331/2018 registered in the court below Special Court Morena.

The learned court below has not considered the fact that the respondent no.1/complainant has not come before the court with clean hands. The complainant has made the misstatement before the court below that the P.S. Sabalgarh has not taken any action on his complaint, on the other hand the actual position is that on the perusal of Annexure P/3, it is apparently clear th