Case Note & Summary
The petitioners, ten individuals, filed a criminal writ petition under Article 226 of the Constitution of India seeking quashing of FIR No. 0154 of 2017 registered at Udgir Police Station, District Latur, for offences under Sections 323, 504, 506 read with Section 34 of the Indian Penal Code and Section 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. The FIR was lodged by the respondent, a member of the Scheduled Caste, alleging that on 16th July 2017, the petitioners abused him by his caste name, assaulted him, and threatened him with dire consequences inside the police station. The petitioners contended that the incident occurred inside the police station and not in public view, thus the essential ingredient of Section 3(1)(x) of the SC & ST Act was not attracted. The court examined the FIR and found that the alleged incident took place inside the police station, which is not a place of public view. The court held that for an offence under Section 3(1)(x) of the SC & ST Act, the insult or intimidation must be in public view, and since the incident occurred inside the police station, the essential ingredient was missing. Consequently, the court quashed the FIR insofar as it pertained to the offence under Section 3(1)(x) of the SC & ST Act, but allowed the investigation to continue for the other offences under the IPC.
Headnote
A) Criminal Law - Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Section 3(1)(x) - Public View - Alleged insult and intimidation of a member of Scheduled Caste by accused persons inside a police station - Held that the incident occurred inside the police station and not in public view, therefore the essential ingredient of the offence is missing - FIR quashed (Paras 5-8).
Issue of Consideration
Whether the alleged insult and intimidation of a member of Scheduled Caste by accused persons inside a police station can be said to be 'in public view' so as to attract the offence under Section 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.
Final Decision
The court quashed the FIR insofar as it pertained to the offence under Section 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. The investigation for the other offences under the Indian Penal Code was allowed to continue.
Law Points
- Ingredients of offence under Section 3(1)(x) of SC & ST Act require insult or intimidation to be in public view
- not within police station premises
- FIR quashed for lack of public view
Case Details
2018 LawText (BOM) (03) 23
Criminal Writ Petition No. 01503 of 2017
S.S. Shinde, R.G. Avachat
Parmeshwar s/o. Chandrakant Yenge and others
State of Maharashtra and another
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Nature of Litigation
Criminal writ petition under Article 226 of the Constitution of India seeking quashing of FIR for offences under IPC and SC/ST Act.
Remedy Sought
Petitioners sought quashing of FIR No. 0154 of 2017 registered at Udgir Police Station for offences under Sections 323, 504, 506 read with Section 34 of IPC and Section 3(1)(x) of SC & ST Act.
Filing Reason
The petitioners alleged that the FIR was false and that the incident occurred inside the police station, not in public view, thus the offence under Section 3(1)(x) of SC & ST Act was not attracted.
Issues
Whether the alleged insult and intimidation of a member of Scheduled Caste by accused persons inside a police station can be said to be 'in public view' so as to attract the offence under Section 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.
Submissions/Arguments
Petitioners argued that the incident occurred inside the police station and not in public view, therefore the essential ingredient of Section 3(1)(x) of SC & ST Act is missing.
Respondent/State argued that the FIR discloses the offence and investigation should be allowed to continue.
Ratio Decidendi
For an offence under Section 3(1)(x) of the SC & ST Act, the insult or intimidation must be in public view. Since the alleged incident occurred inside the police station, which is not a place of public view, the essential ingredient of the offence is missing, and the FIR to that extent is liable to be quashed.
Judgment Excerpts
The incident took place inside the police station. Therefore, it cannot be said that the alleged insult or intimidation was in public view.
In the light of the above, the petition succeeds partly. The FIR No. 0154 of 2017 registered with Udgir Police Station, District Latur, for the offence punishable under Section 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, is quashed.
Procedural History
The petitioners filed Criminal Writ Petition No. 01503 of 2017 before the High Court of Judicature at Bombay, Aurangabad Bench, seeking quashing of FIR No. 0154 of 2017 registered at Udgir Police Station. The court heard the matter and delivered judgment on 28th March 2018.
Acts & Sections
- Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989: 3(1)(x)
- Indian Penal Code, 1860: 323, 504, 506, 34
- Constitution of India: 226
