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2011 DIGILAW 2012 (RAJ)

R. K. Sharma v. State of Rajasthan

2011-09-19

SANDEEP MEHTA

body2011
JUDGMENT 1. - Heard counsel for the petitioner, the Public Prosecutor-and the counsel for the complainant. 2. The present petition has been filed for quashing of the F.I.R. No. 99/2006 registered at the Police Station, Khamera, District Banswara for the offence under Section 3 (1)(x) of Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act. 3. Counsel for the petitioner submits that in this case the alleged incident took place on 7.5.2006 in the Chamber of the petitioner who is a Lawyer. The F.I.R. was lodged after 11h months of the incident by the complainant claiming that he went to the Chamber of the petitioner for the purpose of enquiring about his case and then the petitioner gave him abuses in the name of his caste. 4. Counsel for the petitioner submits that for the purpose of invocation of Section 3(1) (x) of the said Act, there must be specific averment that the act must have taken place at a place within public view and the Chamber of an Advocate is privileged place and it cannot be said to be a place within public view and as such there is no application of Section 3(1)(x) of the Act even from the highest case as set up by the complainant. He further submits that the incident took place on 7.5.2006 and the F.I.R. has been lodged on 19.6.2006 for oblique motive.' 5. Per contra, counsel for the complainant opposed the prayer for quashing of the F.I.R. and submits that the complainant, who is a member of scheduled caste, has been abused by the petitioner in the name of his caste; however the counsel for the complainant has not been able to refute the fact that the incident, in fact, took place in the chamber of the petitioner and that there was no justification for the F.I.R. being filed after one and half month of the occurrence. 6. Accordingly, this Court is of the view that the necessary ingredients for constituting an offence under Section 3(i)(x) of the SC/ST Act are not disclosed from a bare reading of the F.I.R. It is not disclosed from the F.I.R. that the so-called act of abuse took at a place within public view. There does not appear to be any justification for the belated F.I.R. and the F.I.R. seems to have been filed for oblique motive. 7. There does not appear to be any justification for the belated F.I.R. and the F.I.R. seems to have been filed for oblique motive. 7. The miscellaneous petition is, thus, allowed and the F.I.R impugned, being F.I.R. No 88/2006 registered at Police Station, Khamera, District-Banswara, is hereby quashed. The stay petition stands disposed of.Petition allowed. *******