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TMI Blog2020 (11) TMI 1109X X X X Extracts X X X X X X X X Extracts X X X X ..... ith respect of registering of FIR, the complainant is presently resident of Gram New Bajeti Patti Chandak Tehsil & District Pithoragarh. I am constructing my house on my Khet No. 6195, 6196 & 6199 but Banshilal, Pyarelal S/o. Late Har Lal, Hitesh Verma S/o. Sh. Pyarelal, Pawan Verma S/o. Banshilal, Uma Verma w/o. Pyarelal and their Nepali Domestic help Raju from past 6 months are not allowing the applicant to work on her fields. All the above persons used to abuse the applicant her husband and other family members and use to give death threats and use Caste coloured abuses. On 10.12.2019 at around 10 am, all these persons entered illegally in to four walls of her building and started hurling abuses on myself and my labourers and gave death threats and used castes' remarks/abuses and took away the construction material such as Cement, Iron, Rod, Bricks. The Applicant is a Scheduled Caste and all of the above person uses castes' remarks/abuses (used bad language) and said that you are persons of bad caste and that we will not let you live in this mohalla/vicinity. Respect Sir, the applicant and her family has threat to her life from such persons. Thus, it is requested that an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e of process of law. It is argued that the allegations levelled in the FIR and the subsequent report submitted by the Police after investigations does not disclose any offence under the Act. Furthermore, it is argued that the report neither discloses the caste of the informant nor the allegations are that they were made in public view. Also, the offending words are not purported to be made for the reason that the informant is a person belonging to Scheduled Caste. 7. The learned Counsel for the State on the contrary, submitted that during investigations, certain persons have supported the version of the informant. It is argued on behalf of Respondent No. 2 that in fact the Appellant and his family are encroacher on the informant's land. Therefore, the Appellant was rightly not granted any indulgence by the High Court. 8. Against the backdrop of these facts, it is pertinent to refer to the Statement of Objects and Reasons of enactment of the Act. It is provided as under: Despite various measures to improve the socioeconomic conditions of the Scheduled Castes and the Scheduled Tribes, they remain vulnerable. They are denied number of civil rights. They are subjected to variou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... thus to punish the violators who inflict indignities, humiliations and harassment and commit the offence as defined Under Section 3 of the Act. The Act is thus intended to punish the acts of the upper caste against the vulnerable Section of the society for the reason that they belong to a particular community. 11. It may be stated that the charge-sheet filed is for an offence Under Section 3(1)(x) of the Act. The said Section stands substituted by Act No. 1 of 2016 w.e.f. 26.1.2016. The substituted corresponding provision is Section 3(1)(r) which reads as under: 3(1)(r) intentionally insults or intimidates with intent to humiliate a member of a Scheduled Caste or a Scheduled Tribe in any place within public view; 12. The basic ingredients of the offence Under Section 3(1)(r) of the Act can be classified as "1) intentionally insults or intimidates with intent to humiliate a member of a Scheduled Caste or a Scheduled Tribe and 2) in any place within public view". 13. The offence Under Section 3(1)(r) of the Act would indicate the ingredient of intentional insult and intimidation with an intent to humiliate a member of a Scheduled Caste or a Scheduled Tribe. All insults or intim ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... public view. However, if the offence is committed outside the building e.g. in a lawn outside a house, and the lawn can be seen by someone from the road or lane outside the boundary wall, the lawn would certainly be a place within the public view. Also, even if the remark is made inside a building, but some members of the public are there (not merely relatives or friends) then also it would be an offence since it is in the public view. We must, therefore, not confuse the expression "place within public view" with the expression "public place". A place can be a private place but yet within the public view. On the other hand, a public place would ordinarily mean a place which is owned or leased by the Government or the municipality (or other local body) or gaon sabha or an instrumentality of the State, and not by private persons or private bodies. 15. As per the FIR, the allegations of abusing the informant were within the four walls of her building. It is not the case of the informant that there was any member of the public (not merely relatives or friends) at the time of the incident in the house. Therefore, the basic ingredient that the words were uttered "in any place within pub ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... member of Scheduled Caste or Scheduled Tribe for the reason that the victim belongs to such caste. In the present case, the parties are litigating over possession of the land. The allegation of hurling of abuses is against a person who claims title over the property. If such person happens to be a Scheduled Caste, the offence Under Section 3(1)(r) of the Act is not made out. 19. This Court in a judgment reported as Dr. Subhash Kashinath Mahajan v. State of Maharashtra and Anr. (2018) 6 SCC 454 issued certain directions in respect of investigations required to be conducted under the Act. In a review filed by the Union against the said judgment, this Court in a judgment reported as Union of India v. State of Maharashtra and Ors. (2020) 4 SCC 761 reviewed the directions issued by this Court and held that if there is a false and unsubstantiated FIR, the proceedings Under Section 482 of the Code can be invoked. The Court held as under: 52. There is no presumption that the members of the Scheduled Castes and Scheduled Tribes may misuse the provisions of law as a class and it is not resorted to by the members of the upper castes or the members of the elite class. For lodging a false re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... quashing petition relying upon later larger Bench judgment. 22. The Appellant had sought quashing of the charge-sheet on the ground that the allegation does not make out an offence under the Act against the Appellant merely because Respondent No. 2 was a Scheduled Caste since the property dispute was not on account of the fact that Respondent No. 2 was a Scheduled Caste. The property disputes between a vulnerable Section of the society and a person of upper caste will not disclose any offence under the Act unless, the allegations are on account of the victim being a Scheduled Caste. Still further, the finding that the Appellant was aware of the caste of the informant is wholly inconsequential as the knowledge does not bar, any person to protect his rights by way of a procedure established by law. 23. This Court in a judgment reported as Ishwar Pratap Singh and Ors. v. State of Uttar Pradesh and Anr. (2018) 13 SCC 612 held that there is no prohibition under the law for quashing the charge-sheet in part. In a petition filed Under Section 482 of the Code, the High Court is required to examine as to whether its intervention is required for prevention of abuse of process of law or ot ..... X X X X Extracts X X X X X X X X Extracts X X X X
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