Senthil Kumar vs Shankar

C.T. Selvam, J.—This petition has been filed under Section 482 of Cr.P.C., seeking to quash the proceedings in P.R.C. No. 8 of 2014 on the file of the learned Judicial Magistrate No. III, Thanjavur.

Heard the learned counsel for the petitioner and also the learned counsel for the respondent.

The petitioner is the accused in case pending committal in P.R.C. No. 8 of 2014 on the file of the learned Judicial Magistrate No. III, Thanjavur. The case arises out of a private complaint preferred by the respondent alleging offences under Section 294(b) and Section 3(1)(x) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act. The respondent has examined five of his witnesses in the committal proceedings.

Learned Senior Counsel for the petitioner raised two contentions in support of this quash petition. They are as follows:

(i) Neither in the complaint nor in the course of examination of the respondent or his witnesses has there been mention of the petitioner/accused not being a member of Scheduled Caste or Schedule Tribe. The decision of the Hon''ble Apex Court in Gorige Pentaiah Vs. State of A.P. and Others, informs thus:

"9. In the instant case, the allegation of respondent No. 3 in the entire complaint is that on 27.5.2004, the appellant abused them with the name of their caste. According to the basic ingredients of Section 3(1)(x) of the Act, the complainant ought to have alleged that the accused-appellant was not a member of the Scheduled Caste or a Scheduled Tribe and he (respondent No. 3) was intentionally insulted or intimidated by the accused with intent to humiliate in a place within public view. In the entire complaint, nowhere it is mentioned that the accused-appellant was not a member of the Scheduled Caste or a Scheduled Tribe and he intentionally insulted or intimidated with intent to humiliate respondent No. 3 in a place within public view. When the basic ingredients of the offence are missing in the complaint, then permitting such a complaint to continue and to compel the appellant to face the rigmarole of the criminal trial would be totally unjustified leading to abuse of process of law."

(ii)On the very date i.e. 28.02.2014, on which the respondent alleges an occurrence of commission of offences against him, the petitioner, then Assistant Engineer, Public Works Department was on inspection duty along with his Assistants and noticed the respondent attempting to illegally transport sand using a bullock cart. On petitioner''s attempt to stop the same, the respondent had off-loaded the sand at the spot of interception and attempted to punch the petitioner on the face. The respondent had been assisted by one another in assaulting him. On the complaint of the petitioner, of the very same day, a case has been registered in Crime No. 13 of 2014 on the file of the Melattur Police Station for offences under Section 323, 353 and 506(ii) I.P.C. The submission is that the complaint of the respondent, the quash of which is sought, is an action in malafides.

Learned counsel for respondent while conceding that there is no allegation, either in the complaint or in the statements of the complainant or his witnesses, of petitioner being not a member of the Scheduled Caste or Scheduled Tribes would contend that both respondent as also his witnesses have spoken to petitioner abusing respondent in a public place. As such, offence under Section 294(b) I.P.C. stands attracted and therefor for which the petitioner would have to stand trial.

On consideration of the rival submissions, this Court would quash the proceedings in the case; that alleging offence under Section 3(1)(X) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act on the ground that necessary ingredients towards attracting such offences are not made out and that alleging offence under Section 294(b) I.P.C. as an action in malafides, in the attendant circumstances of the case.

Accordingly, this Criminal Original Petition stands allowed and the proceedings in P.R.C. No. 8 of 2014 on the file of the learned Judicial Magistrate No. III, Thanjavur stands quashed. Consequently, connected Miscellaneous Petitions stand closed.