Case Note & Summary
The judgment concerns two criminal applications filed under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of the same First Information Report (FIR) registered as Crime No.0251 dated 27.04.2019 at M.I.D.C. Police Station, Nagpur, for offences under Sections 3(1)(x) and 3(1)(xiv) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. The applicants in Criminal Application No.477/2019 are Dr. Manali Kshirsagar (Principal of Rajiv Gandhi College), Sachin Mahakalkar, and Kailashnath Tripathi. The applicant in Criminal Application No.570/2019 is Durgendra Narayan Mathur. The respondent No.2, Charlie Fulzele, a member of the Scheduled Caste, lodged the complaint alleging that on 27.04.2019, the applicants abused him with casteist slurs and threatened him in the office of the Principal. The applicants sought quashing of the FIR on the ground that the incident occurred in a private office not in public view, and that the allegations do not satisfy the ingredients of the offences. The court examined the FIR and found that the alleged incident took place inside the Principal's office, which is a private place not open to public view. The court held that for an offence under Section 3(1)(x) of the Act, the insult or intimidation must be in public view, and since the office was not a public place, the essential ingredient was missing. Regarding Section 3(1)(xiv), the court noted that the applicants were not present at the scene and no specific act of abetment was alleged. The court concluded that the allegations do not make out a prima facie case under the Act, and continuing the proceedings would be an abuse of process. Accordingly, the court quashed the FIR against all applicants.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Section 482 CrPC - Inherent Powers - FIR can be quashed if allegations even if taken at face value do not constitute any offence or are patently absurd - Held that the court must consider the contents of the FIR and not the defence of the accused (Paras 4-6). B) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Section 3(1)(x) - Ingredients - Intentional insult or intimidation with intent to humiliate a member of SC/ST must be in public view - Held that the alleged incident occurred in a private office not accessible to the public, thus not in public view (Paras 7-10). C) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Section 3(1)(xiv) - Ingredients - Abetment of an offence under the Act - Held that the allegations do not disclose any intentional abetment as the applicants were not present at the scene and no specific overt act is alleged (Paras 11-12). D) Criminal Procedure Code - Quashing of FIR - Section 482 CrPC - Abuse of Process - FIR quashed as continuation of proceedings would be an abuse of process of law - Held that no prima facie case is made out under the Act (Paras 13-15).
Issue of Consideration
Whether the FIR alleging offences under Sections 3(1)(x) and 3(1)(xiv) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, can be quashed under Section 482 of the Code of Criminal Procedure, 1973, when the alleged incident occurred in a private office and not in public view.
Final Decision
Both criminal applications are allowed. FIR Crime No.0251/2019 registered at M.I.D.C. Police Station, Nagpur, for offences under Sections 3(1)(x) and 3(1)(xiv) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, is quashed against all applicants.
Law Points
- Ingredients of Section 3(1)(x) of SC/ST Act require intentional insult or intimidation in public view
- not in private place
- Section 3(1)(xiv) requires intentional abetment of an offence under the Act
- FIR can be quashed under Section 482 CrPC if allegations do not make out a prima facie case
- Mens rea is essential for offences under the Act.
