Case Note & Summary
The judgment concerns two criminal writ petitions filed by officers of Bharat Sanchar Nigam Limited (BSNL) seeking quashing of FIR No. 98/2017 registered at Porvorim Police Station, Goa, and the consequent charge sheets. The FIR was lodged by Respondent No. 2, Suresh B. Bhosle, an employee of BSNL belonging to a Scheduled Caste, alleging offences under Section 3(1)(ix) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Section 167 of the Indian Penal Code, 1860. The petitioners, who were superior officers of the complainant, had made certain adverse remarks against him in the course of official duties. The court examined the allegations in the FIR and the charge sheets to determine whether they disclosed the essential ingredients of the offences. The court noted that Section 3(1)(ix) of the SC/ST Act requires intentional insult or intimidation with intent to humiliate a member of a Scheduled Caste or Scheduled Tribe in any place within public view. The court found that the remarks were made in the ordinary course of official work and not with any intent to humiliate the complainant on account of his caste. Similarly, Section 167 IPC requires a public servant to frame an incorrect document with intent to cause injury, which was not established. The court held that the allegations did not make out a prima facie case and that continuing the proceedings would be an abuse of the process of law. Accordingly, the court allowed the petitions and quashed the FIR and all consequential proceedings.
Headnote
A) Criminal Law - SC/ST Act - Section 3(1)(ix) - Ingredients - The provision requires intentional insult or intimidation with intent to humiliate a member of a Scheduled Caste or Scheduled Tribe in any place within public view. The court held that the allegations in the FIR, which pertain to adverse remarks made by superior officers in official capacity, do not satisfy the ingredients of the offence as there was no intentional insult or humiliation in public view. (Paras 1-27) B) Criminal Law - Indian Penal Code - Section 167 - Public Servant Framing Incorrect Document - The offence under Section 167 IPC requires that a public servant, being charged with the preparation of a document, frames it in a manner incorrect with intent to cause injury. The court found that the allegations did not disclose any such intent or incorrect framing of documents by the petitioners. (Paras 1-27) C) Criminal Procedure Code - Section 482 - Inherent Powers - Quashing of FIR - The High Court can exercise its inherent powers to quash an FIR if the allegations do not disclose the commission of any offence and the continuation of proceedings would be an abuse of the process of law. The court quashed the FIR and charge sheets as no prima facie case was made out. (Paras 1-27)
Issue of Consideration
Whether the FIR and charge sheets under Section 3(1)(ix) of the SC & ST (Prevention of Atrocities) Act, 1989 and Section 167 of the Indian Penal Code, 1860 disclose the commission of any offence and whether the continuation of proceedings amounts to an abuse of the process of law.
Final Decision
The court allowed both criminal writ petitions and quashed FIR No. 98/2017 and all consequential proceedings, including the charge sheets.
Law Points
- Ingredients of Section 3(1)(ix) of SC/ST Act require intentional insult or intimidation with intent to humiliate in public view
- Adverse remarks by superior officers in official capacity do not attract Section 167 IPC
- Quashing of FIR when no prima facie case is made out
- Abuse of process of law
