The Allahabad High Court has said that if the accused does not know that the complainant belongs to the Scheduled Caste, then action cannot be taken under the SC/ST Act in case of a dispute.
A Single Bench of Justice Saurabh Shyam Shamshery passed this order while hearing an application under section 482 filed by Naseem Khan.
These applications are heard from surviving applicants. They are aggrieved by the charge sheet dated 27.06.2019 as well as entire proceedings of Session Trial under Sections 147, 279, 323, 427, 504, 506 IPC and 3(1)(r) and (s) of SC/ST Act, Police Station- Jalaun, District- Jalaun, pending before Special Judge (SC/ST Act), Jalaun at Orai.
Trial Court took cognizance of offence on 27.11.2019 and applicants were summoned by order of date though above referred both orders are not specifically challenged though it might fall within ‘further entire proceedings’.
Mohd Shahibe Alam Khan and Wahid Jamal, advocates for applicants have submitted that it was a case of road rage. Complainant has alleged that he was driving an ALTO car along with co-passenger and there was traffic jam during which applicant (Faheem) who was driving Tavera without looking at rear side, reversed his Tavera and hit the ALTO car on its front side and when it was objected, said Faheem called other applicants and not only assaulted complainant and co-passenger but also damaged his car and hurled caste abuses as well.
Advocates for applicants have submitted that applicants have no prior acquaintance with complainant and co-passenger travelling in ALTO, therefore, there was no chance that he could know their caste, as such, basic ingredients of Section 3(1)(Da)(Dha) of SC/ST Act are not made out since there is a requirement that there must be intentionally insult, however, such intention was absolutely missing since the applicants had no knowledge that complainant and his co-passenger belongs to SC/ST.
Advocates have further submitted that the names of applicants were disclosed allegedly on the basis of information given by independent persons, however, none of independent witnesses was examined during investigation. The I.O was also not able to ascertain names of 7-8 unknown persons and that complainant and his associate were not legally medical examined.
Aforesaid submissions were opposed by R.K Mishra, AGA for State, that the investigation was conducted in a fair manner.
Statement of complainant was recorded who has supported the prosecution case though it has not been denied that no independent witness was examined despite occurrence was allegedly took place in public place and name of applicants were also disclosed by public as well as that there was no evidence that applicants were prior acquainted with complainant and co-passenger and applicants knew that they belong to SC/ST. No identification parade was conducted for identification of assailants, the Court noted.
The Court observed that,
Above referred statement does not disclose that applicants were prior acquainted or they got knowledge during occurrence that complainant and co-passenger belongs to SC/ST that there was an intention to insult them being SC/ST, therefore, basic ingredients of Section 3(1)(Da)(Dha) of SC/ST Act are absolutely missing.
The Investigating Officer has in a very cursory and casual manner investigated the case without ascertaining that basic ingredients of Section 3(1)(Da)(Dha) of SC/ST Act was prima facie made out or not.
In view of the above, the Court also takes note that it was a case of road rage and there was no injury report placed on record. The Court also takes note that source of name of applicants as referred in statement were independent persons allegedly present at the place of occurrence, however, none of independent witnesses was examined during investigation which also indicates that investigation was conducted in a very cursory manner. No attempt was made to conduct an identification parade.
In aforesaid circumstances, the Court found that is a fit case where inherent powers of the Court could be invoked, hence, impugned charge sheet dated 27.06.2019 arising out of Case under Sections 147, 279, 323, 427, 504, 506 IPC and 3(1)(r) and (s) of SC/ST Act, Police Station- Jalaun, District- Jalaun as well as further proceedings of Seccion Trial including cognizance and summoning order pending before Special Judge (SC/ST Act), Jalaun at Orai are hereby quashed by the high court.
Accordingly, the Court allowed the application.
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