Case Note & Summary
The petitioner, U. Amarnath Shetty, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of the order dated 11.10.2010 in Spl.C.C.No.44/2006 and the entire proceedings pending before the II Additional City Civil and Sessions Judge and Special Judge, Bangalore. The case arose from a private complaint filed by respondent No.2, Smt. Jayamma @ Jayalakshmi, alleging offences under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Section 323 of the Indian Penal Code, 1860. The learned Sessions Judge directed an enquiry under Section 156(3) Cr.P.C., leading to registration of Crime No.157/2004. After investigation, a 'B' report was filed on 20.01.2005. The complainant filed a protest petition on 13.06.2005, and after recording sworn statements on 27.09.2005 and 24.10.2005, the Sessions Judge took cognizance on 13.01.2006. The petitioner argued that the alleged incident occurred inside a house, not in public view, and therefore the essential ingredient of Section 3(1)(x) of the SC/ST Act was missing. The High Court agreed, noting that the complaint itself stated the incident took place inside the house, and there was no allegation that it was in public view. The court held that the proceedings were an abuse of process of law and quashed them. The petition was allowed.
Headnote
A) Criminal Law - SC/ST Atrocities Act - Section 3(1)(x) - Public View Requirement - Alleged insult and intimidation must occur in public view to constitute an offence under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - The incident took place inside a house, not in public view, hence the essential ingredient of the offence is missing - Held that the proceedings are liable to be quashed (Para 4).
Issue of Consideration
Whether the alleged offence under Section 3(1)(x) of the SC/ST (Prevention of Atrocities) Act, 1989 can be sustained when the incident occurred in a private place and not in public view.
Final Decision
The petition is allowed. The order dated 11.10.2010 in Spl.C.C.No.44/2006 and the entire proceedings against the petitioner are quashed.
Law Points
- Section 3(1)(x) of SC/ST (Prevention of Atrocities) Act requires insult or intimidation in public view
- private setting not sufficient
- quashing under Section 482 Cr.P.C.
Case Details
2015 LawText (KAR) (06) 12
Criminal Petition No.3271/2011
S. Vishwajith Shetty, N.K. Shetty, B. Visweswaraiah, C.S. Kumar
State of Karnataka and Smt. Jayamma @ Jayalakshmi
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Nature of Litigation
Criminal petition under Section 482 Cr.P.C. seeking quashing of proceedings in a private complaint under SC/ST Act and IPC.
Remedy Sought
Quashing of order dated 11.10.2010 in Spl.C.C.No.44/2006 and entire proceedings against the petitioner.
Filing Reason
Alleged commission of offences under Section 3(1)(x) of SC/ST Act and Section 323 IPC based on an incident inside a house, not in public view.
Previous Decisions
Sessions Judge took cognizance on 13.01.2006 after protest petition and sworn statements.
Issues
Whether the alleged offence under Section 3(1)(x) of SC/ST Act requires the incident to occur in public view.
Whether the proceedings can be quashed under Section 482 Cr.P.C. when the essential ingredient of the offence is missing.
Submissions/Arguments
Petitioner argued that the incident occurred inside a house, not in public view, and therefore Section 3(1)(x) of SC/ST Act is not attracted.
Respondent No.2 argued that the complaint disclosed the offence and cognizance was rightly taken.
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 incident occurred inside a house and not in public view, the essential ingredient is missing, and the proceedings are an abuse of process of law liable to be quashed under Section 482 Cr.P.C.
Judgment Excerpts
The complaint itself states that the incident took place inside the house. There is no allegation that the incident was in public view. Therefore, the essential ingredient of the offence under Section 3(1)(x) of the SC/ST Act is missing.
The proceedings are an abuse of process of law and are liable to be quashed.
Procedural History
Private complaint filed by respondent No.2; Sessions Judge directed enquiry under Section 156(3) Cr.P.C.; Crime No.157/2004 registered; 'B' report filed on 20.01.2005; protest petition filed on 13.06.2005; sworn statements recorded on 27.09.2005 and 24.10.2005; cognizance taken on 13.01.2006; order dated 11.10.2010 in Spl.C.C.No.44/2006; present petition filed under Section 482 Cr.P.C.
Acts & Sections
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989: 3(1)(x)
- Indian Penal Code, 1860: 323
- Code of Criminal Procedure, 1973: 156(3), 482
