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CHEQUE BOUNS CASE

UTTERING WORDS IN THE NAME OF CASTE IN PUBLIC IN ORDER TO HUMILIATE= Section 3(1) (x) of the Act reads that whoever, not being a member of Scheduled Caste or Scheduled Tribe intentionally insults or intimidates with intent to humiliate a member of Scheduled Caste or Scheduled Tribe in any place within public view is punishable. Intimidation includes any words or acts intended and calculated to put any person in fear of any injury or danger to himself or to any member of his family. ‘Intention’ is an operation of the will directing an overt-act. ‘Humiliate’ means to make someone feel ashamed and foolish by injuring their dignity and self-respect especially publicly. From the above allegations, it is clear that all the petitioners intentionally insulted the second respondent in the name of his caste in public view in a public place and caused injuries. When a prima facie case for the offence alleged against the petitioners/A.1 to A.3 is made out, the question of quashing the impugned proceedings does not arise. When a prima facie cognizable offence is made out, it is the statutory duty of police to conduct investigation and the same cannot be interdicted.

A.P.HIGHCOURT

Hight court of the state of Andhra pradesh loc...

Hight court of the state of Andhra pradesh located at hyderabad. self-photographed. (Photo credit: Wikipedia)

 

THE HON’BLE SRI JUSTICE K.C.BHANU

CRIMINAL PETITION NO.  2767 OF 2012

O R D E R:

          This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) seeking to quash the proceedings in P.R.C. No.13 of 2011 on the file of the Junior civil Judge, Piduguralla.

2.       On a private complaint lodged by the second respondent/ complainant, the aforesaid case was registered for the offences punishable under Sections 324, 506 read with 34 IPC and 3 (1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, ‘the Act, 1989’) against the petitioners/A.1 to A3.

3.       Learned counsel for the petitioners contended that no such offence as alleged, took place and that even if the allegations in the private complaint are taken as true and correct, no prima facie case for the offences alleged is made out and hence, continuation of the impugned proceedings is nothing but abuse of process of court.

4.       On the other hand, learned Additional Public Prosecutor contended that the allegations in the private complaint clearly made out a prima facie for the offences alleged against the petitioners and hence, there are no grounds to quash the proceedings.

5.       Inherent powers of this Court under Section 482 Cr.P.C. can be exercised when there is abuse of process of court or to secure ends of justice or to carryout the order passed under this Court.  When the uncontroverted allegations in the complaint make out a prima facie case for the offences alleged, the question of quashing the complaint does not arise.

6.       Section 3(1) (x) of the Act reads that whoever, not being a member of Scheduled Caste or Scheduled Tribe intentionally insults or intimidates with intent to humiliate a member of Scheduled Caste or Scheduled Tribe in any place within public view is punishable.    Intimidation includes any words or acts intended and calculated to put any person in fear of any injury or danger to himself or to any member of his family.  ‘Intention’ is an operation of the will directing an overt-act.  ‘Humiliate’ means to make someone feel ashamed and foolish by injuring their dignity and self-respect especially publicly.  

7.       It is alleged in the complaint that A.1 is running a wine shop and A.2 is his cousin, who assists A.1 in his business, and A.3 is worker in A.1’s shop; that on 9.4.2009 at about 2.30 PM, the complainant went to shop of A.1 to get wine and asked A.1 about the rates of wines, and as there is a difference between Maximum Retail Price (MRP) and the actual selling price, the complainant questioned about the selling of the wine at a price higher than the MRP; on that, the accused abused in filthy

that while the complainant was coming to his house, A.1 to A.3 chased him with cricket bat and stumps and attacked him using abusive language stating as:

A.1 beat with cricket stumps on his head and A.2 and A.3 also beat him indiscriminately, and on that, the complainant sustained blood injuries; A.2 beat with cricket stumps on his upper part of legs i.e. on back side of thighs and on buttocks; A.3 beat with cricket bat on the back side body of the complainant, and on that the complainant fell down on ground and raised cries as to they killing him.   

Again, all the accused abused the complainant as

          From the above allegations, it is clear that all the petitioners intentionally insulted the second respondent in the name of his caste in public view in a public place and caused injuries.   When a prima facie case for the offence alleged against the petitioners/A.1 to A.3 is made out, the question of quashing the impugned proceedings does not arise.  When a prima facie cognizable offence is made out, it is the statutory duty of police to conduct investigation and the same cannot be interdicted.

 

8.       The Criminal Petition is, accordingly, dismissed.  Miscellaneous Petitions pending, if any, in the Criminal Petition are dismissed.

________________

(K.C.BHANU, J.)

16.03.2012

DRK

THE HON’BLE SRI JUSTICE K.C.BHANU

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

            CRIMINAL PETITION NO.  2767 OF 2012

 

             

 

 

 

 

 

 

 

 

 

           Date: 16.03.2012

 

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