Case Note & Summary
The applicant, Navalkishor Santosh Jaiswal, a Deputy Engineer with the Maharashtra State Electricity Distribution Company Limited (MSEDCL), filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashment of FIR No. II-3027/2013 registered at Gondi Police Station, District Jalna, for an offence under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The FIR was lodged by respondent No. 3, Haribhau Gitaram Sable, alleging that on 7 August 2013 at around 10:00 a.m., while he visited the applicant's office to submit a form and pay fees, the applicant abused him with caste-based remarks in the presence of witnesses. The applicant contended that the FIR was a counterblast to an earlier incident on the same day where a mob of 50-60 persons, including respondent No. 3, barged into his office, manhandled him, and attempted to douse him with poisonous liquid, for which the applicant had already lodged a separate FIR. The applicant argued that the impugned FIR was a classic example of misuse of the SC/ST Act. The court, after hearing extensive arguments, noted that in normal circumstances, a Division Bench would not quash proceedings at the initial stage, but in this case, the FIR appeared to be a clear counterblast and lacked credible material. The court held that continuing the proceedings would be an abuse of the process of law. Consequently, the court allowed the application and quashed the FIR and all proceedings arising therefrom.
Headnote
A) Criminal Procedure Code - Quashment of FIR - Section 482 CrPC - Abuse of Process - The court considered whether an FIR under the SC/ST Act, filed as a counter-complaint to an earlier incident, should be quashed. Held that where the FIR is a clear counterblast and lacks credible material, it amounts to abuse of process and is liable to be quashed (Paras 2-5). B) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Section 3(1)(x) - Caste-Based Abuse - The court examined the requirement of intentional insult or intimidation with intent to humiliate a member of a Scheduled Caste in a public place. Held that the allegations were vague and the incident occurred in the applicant's office, not in public view, and the FIR was a counterblast to the applicant's earlier complaint (Paras 2-5).
Issue of Consideration
Whether the FIR under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, registered against the applicant, should be quashed as an abuse of process of law and a counter-complaint to the applicant's earlier complaint.
Final Decision
The court allowed the application and quashed FIR No. II-3027/2013 and all proceedings arising therefrom.
Law Points
- Quashment of FIR under Section 482 CrPC
- Misuse of SC/ST Act
- Counter-complaint
- Malicious prosecution
- Abuse of process of law
