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2012 DIGILAW 783 (KER)

V. S. Sulochanan v. State Of Kerala

2012-08-16

S.S.SATHEESACHANDRAN

body2012
JUDGMENT S.S. Satheesachandran, J. 1. Petitioners are proceeded as accused imputing an offence of 'atrocity' under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989 (for short the "Act") under Annexure-X FIR registered at Fort Police Station, Thiruvananthapuram. Petitioners are either leaders or active workers of a recognized political party and on account of their activities, they have infuriated some land mafias who are committing unauthorized reclamation and filling up of paddy lands and at their instance the above crime has been registered against the petitioners on baseless allegations, is their case for invoking the inherent powers of this Court for quashing annexure-X FIR. 2. Annexure-X FIR was registered on a statement given by one Sheeja Rani. That statement does not reflect that she is a member of Scheduled Caste/Scheduled Tribe and the accused persons who are imputed of committing the offence of atrocity, are not members of Scheduled Caste/Scheduled Tribe. To constitute an offence of atrocity under the aforesaid Act, the act or omission covered under Section 3 of the Act should be committed by a person not belonging to Scheduled Caste/Scheduled Tribe against a member of the Scheduled Caste/Scheduled Tribe. Leaving that apart, going through the allegations impugned in the statement of the de facto complainant, it is seen, her case is that she heard from someone that the accused persons had affixed posters castigating Scheduled Caste over the statue of a leader of that caste. She went over there and found some members of Scheduled caste. Removing the posters affixed. Affixing of such posters was the hand work of the accused persons to denigrate the Scheduled Castes and she got such information from a person over phone, is her case for filing the complainant. On the basis of her statement, it is seen, Annexure-X FIR has been registered to proceed against the petitioners imputing the offence of atrocity under Section 3(1)(x) of the Act. To constitute an offense of atrocity under Section 3(1)(x) of the Act, the essential ingredients are the following: i) There must be an intentional insult or intimidation of a member of a Scheduled Caste or Scheduled Tribe. ii) Such insult or intimidation must have been made by a person who is not a member of Scheduled Caste or Scheduled Tribe. To constitute an offense of atrocity under Section 3(1)(x) of the Act, the essential ingredients are the following: i) There must be an intentional insult or intimidation of a member of a Scheduled Caste or Scheduled Tribe. ii) Such insult or intimidation must have been made by a person who is not a member of Scheduled Caste or Scheduled Tribe. iii) Such act of insult or intimidation was done with intend to humiliate a member of a Scheduled Caste or Scheduled Tribe. iv) Such intentional insult or intimidation must have been made in any place within public view. 3. So, if we go by the essential ingredients covered by 3(1)(x) of the Act, what is postulated as an atrocity thereunder is intentional insult or intimidation meted out to a member of a Scheduled Caste/Scheduled Tribe by a person not belonging to such Caste or Tribe, with the intention of humiliating him, and further that it should have been done within public view. 4. The de facto complainant in this case has no case that any intentional insult or humiliation against her was done by any person, other than that some posters were affixed to denigrate Scheduled Caste by the accused persons. She got information as to complicity of petitioners in affixing posters from some one over phone. Registration of the crime on the basis of annexure-X FIR on the basis of a statement, as indicated above, is nothing but an abuse of process of the Court, and it is liable to be quashed. Annexure-X FIR is quashed invoking the inherent jurisdiction of this Court under Section 482 of the Code. Criminal Miscellaneous Case is allowed.