Fanindra Kumar Pandey v. State of Jharkhand Through its Secretary, Ministry of Home
2011-11-08
PRASHANT KUMAR
body2011
DigiLaw.ai
ORDER By the Court.- 1. This application has been filed for quashing the first information report in connection with Pakur (Nagar) P.S. Case No. 238 of 2007 dated 1.10.2007 under Sections 448/323/504 of the Indian Penal Code as also under Sections 3(1) (i) (ii) (iii), 3(2) (vii) of the Scheduled Castes and the Scheduled Tribes (Prevention. of Atrocities) Act, 1989. 2. It is submitted by Sri Bejoy Kumar Pandey, learned counsel for petitioner, that from the allegations made in the first information report, no offence under Sections 3(1)(i)(ii) (iii), 3(2) (vii) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act. 1989 is made out. Hence the institution of F.I.R. against petitioner in those sections are illegal, It is then submitted that so far offences under Sections 448/323/504 are concerned, compromise petition has already been filed in the Court below as said offences are compoundable. 3. Sri Anand Kumar Sinha, learned counsel appearing for opposite party number 3 (informant) has not controverted aforesaid submissions. 4. Having heard the submissions. I have gone through the record of the case. I find it appropriate to quote Sections 3(1) (i) (ii) (iii), 3 (2) (vii) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act. 1989 for better appreciation of the case:- 3. Punishments for offences of atrocities.-(1) Whoever, not being a member of a Scheduled Caste or a Scheduled Tribe- (i) forces a member of a Scheduled Caste or a Scheduled Tribe to drink or eat any inedible or obnoxious substance; (ii) acts with intent to cause injury, insult or annoyance to any member of a Scheduled Caste or a Scheduled Tribe by dumping excreta, waste matter, carcasses or any other obnoxious substance in his premises or neighbourhood; (iii) forcibly removes clothes from the person of a member of a Scheduled Caste or a Scheduled Tribe or parades him naked or with painted face or body or commits any similar act which is derogatory to human dignity; (iv) ....................... (v) . .. .. .. . . .. .. .. . . . . .. .. (vi) . .. .. .. .. .. .. .. . .. . .. .. (vii) .. .. . . .. .. .. . .. .. .. .. .. (viii) . .. ... . .. .. .. .. .. .. .. .. (ix) ... .. .. .. .. .. .. .. .. .. ..
.. . . . . .. .. (vi) . .. .. .. .. .. .. .. . .. . .. .. (vii) .. .. . . .. .. .. . .. .. .. .. .. (viii) . .. ... . .. .. .. .. .. .. .. .. (ix) ... .. .. .. .. .. .. .. .. .. .. (x) ....................... (xi) ....................... (xii) .. .. .. . .. .. .. .. .. .. .. .. (xiii) .. .. .. .. .. .. .. . .. .. .. .. (xiv) ... .. .. .. .. .. .. .. .. .. .. (xv) ....................... (2) Whoever, not being a member of a Scheduled Caste or a Scheduled Tribve,- (i) ……………… (ii) ……………… (iii) ……………… (iv) ……………… (v) ……………… (vi) ……………… (vii) being a public servant, commits any offence under this section, shall be punishable imprisonment for a term which shall not be less than one year but which may extend to the punishment provided for that offence. 5. From perusal of first information report I find that there is no allegation in it to show that informant was forced to drink or eat any inedible obnoxious substance, thus no offence under Section 3(1) (i) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 is made out, 6. There is no allegation in the F.I.R. that with a view to cause injury, insult or annoyance to the opposite party number 3, any excreta, waste matter, carcasses or any other obnoxious substance were dumped in his premises by petitioner. Thus offence under Section 3(1) (ii) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 is also not made out. 7. There is also no allegation that clothes of opposite party number 3 was removed by petitioner and he was paraded naked or with painted face against the human dignity. Thus offence under Section 3(l) (iii) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 is also not made out. 8. There is also no allegation that petitioner being a public servant had committed any offence under this section. Thus offence under Section 3(2) (vii) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 is also not made out. 9. Under the aforesaid circumstance, I find that F.I.R. instituted against petitioner.
8. There is also no allegation that petitioner being a public servant had committed any offence under this section. Thus offence under Section 3(2) (vii) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 is also not made out. 9. Under the aforesaid circumstance, I find that F.I.R. instituted against petitioner. in the aforesaid sections of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act. 1989 is illegal, therefore cannot be sustained. Hence said part of the F.I.R. is hereby quashed. 10. So far offence under Sections 448/323/504 or (the Indian Penal Code is concerned. there are allegations that petitioner entered in the house of informant and assaulted him. Therefore, I am not inclined to interfere with the said part of the first information report. 11. Accordingly, this application is partly allowed to the extent as indicated above. Application partly allowed.