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2014 DIGILAW 459 (JHR)

Shiva Kant Sharma v. State of Jharkhand

2014-04-01

R.R.PRASAD

body2014
ORDER This application has been filed for quashing of the entire criminal proceeding of Complaint case bearing no.C-135 of 2012 including the order dated 21.01.2013 passed by the Chief Judicial Magistrate, Lohardaga whereby and whereunder cognizance of the offence under Section 3(1)(x) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act has been taken against the petitioner. 2. Mr. Sinha, learned counsel appearing for the petitioner submits that though the parties have compromised the case but he will be pressing this application on the ground that no offence is made out under Section 3(1)(x) of the Act under which cognizance has been taken. 3. In the context of the submission, one needs to take notice of the case of the complainant. 4. It is the case of the complainant that the complainant, a member of Scheduled Caste, was working in the Primary Health Centre, Kisko, as maid servant for cleaning maternity ward. She was not getting any remuneration. The other day ‘Central Inquiring Committee’ visited Kisko Primary Health Centre whereby one of the members asked from the complainant as to whether she has been getting remuneration, upon which the complainant replied in negative. After the members of the Central Inquiring Committee left the place, the petitioner abused her in the language ‘Sali Nicha Jati Ki Chamarin Sikayat Karti Hai’ with a view to humiliate her. 5. On such allegation, a complaint was lodged which was registered as Complaint Case No.130 of 2010 which was sent before the concerned police station for its institution and investigation. The case was instituted and the matter was taken up for investigation. 6. During investigation, the allegation was found to be false and hence, final form was submitted whereby the petitioner was exonerated from accusation. 7. Thereupon a fresh compliant was lodged which was registered as Complaint Case No.135 of 2012 in which cognizance of the offence was taken under Section 3(1)(x) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act. 8. 7. Thereupon a fresh compliant was lodged which was registered as Complaint Case No.135 of 2012 in which cognizance of the offence was taken under Section 3(1)(x) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act. 8. From the allegation made in the complaint, as has been noticed above, it does appear that the allegation is there that the petitioner did abuse her in the language as has been stated above to humiliate her but it never appears to be in public view and thereby no offence is made out under Section 3(1)(x) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act which reads as follows:- ‘Section 3(1)(x)-intentionally insults or intimidates with intent to humiliate a member of a Scheduled Caste or a Scheduled Tribe in any place within public view’. 9. From perusal of the provision, it does appear that if a person insults or intimidates with intent to humiliate a member of Scheduled Caste or a Scheduled Tribe in any place within public view one can be said to have committed offence under Section 3(1)(x) of the Act. 10. Here I have noticed above that no allegation is there that the complainant was abused in public view and thereby no offence is made out under Section 3(1)(x) of the Act. 11. Accordingly, the order dated 21.01.2013 taking cognizance is hereby quashed. 12. In the result, this application stands allowed.