Case Note & Summary
The petitioner, Dr. Tapan Prasad Bagchi, the Director of the National Institute of Industrial Engineering Society (NITIE), filed a Criminal Writ Petition before the Bombay High Court seeking to quash FIR No.255/2004 dated 13.8.2004 and the consequent proceedings initiated under Section 7(1)(c)(d) of the Protection of Civil Rights Act, 1955. The FIR was lodged by respondent no.2, Bhagwan Jagannath Nitnaware, an employee of NITIE belonging to a Scheduled Caste, alleging that the petitioner had insulted him by uttering certain words. The petitioner contended that the FIR and the chargesheet along with the supporting materials did not disclose any offence under the said provisions. The learned advocate for the petitioner argued that there was absolutely no material collected by the investigating agency to support the allegations of the complainant regarding the words spoken or the alleged intentional insult. On the other hand, the respondent no.2's advocate submitted that it was too premature to quash the FIR at this stage. The court, after hearing the parties and perusing the FIR and statements, found that the allegations did not make out a prima facie case under Section 7(1)(c)(d) of the Act. The court observed that the essential ingredients of the offence, such as intentional insult in a public place or in public view, were absent. Consequently, the court allowed the petition, quashed the FIR and all consequential proceedings, holding that continuing the proceedings would be an abuse of the process of law.
Headnote
A) Criminal Law - Quashing of FIR - Protection of Civil Rights Act, 1955, Section 7(1)(c)(d) - Lack of Prima Facie Case - Petitioner sought quashing of FIR alleging intentional insult to a member of Scheduled Caste - Court held that the FIR and materials did not disclose any offence under the said provisions as there was no material to show that the alleged words were spoken in public view or that there was intentional insult - Held that continuation of proceedings would be an abuse of process of law (Paras 3-5).
Issue of Consideration
Whether the FIR and chargesheet under Section 7(1)(c)(d) of the Protection of Civil Rights Act, 1955 disclose any offence against the petitioner.
Final Decision
The petition is allowed. FIR No.255/2004 dated 13.8.2004 and all consequential proceedings are quashed.
Law Points
- Prima facie case
- Quashing of FIR
- Protection of Civil Rights Act
- 1955
- Section 7(1)(c)(d)
- Intentional insult
- Public view
