The Madhya Pradesh High Court while quashing a criminal case under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (SC/ST Act) said abusing by caste name Chamar in staffroom not offence under SC/ST Act since staffroom not public place.
A Single Bench of Justice Vishal Dhagat passed this order while hearing a petition filed by Ashutosh Tiwari & Another.
The Petitioners have filed the petition under Section 482 of Cr.P.C for quashing of proceedings in complaint case, which is pending before Chief Judicial Magistrate, Shahdol.
Counsel appearing for petitioners submitted that stay over proceedings was granted by the Court order dated 07.07.2010 till next date of hearing. Thereafter, stay was continued by the Court on 15.03.2013 & on 02.05.2014. After said date, case was not listed before the Court.
It is submitted that as per his information, complaint case is pending before the Court.
Counsel appearing for petitioners makes a prayer for hearing of the case since matter is pending before the Court since 2010.
Counsel for petitioners submitted that no offence under Section 294, 506(II) of IPC and 3(1)(x) of SC & ST (POA) Act is made out against petitioners.
According to the statement given by complainant in Court, meeting was taking place in staff room of school. During said meeting, petitioners had abused the complainant by caste name-Chamar.
It is further submitted that utterances of disparaging remark said to have been made in a staff room of school, which is not within public view, therefore, no offence under Section 3(1)(x) of the Act will be made out against petitioners.
It is also submitted that as per Section 294 of IPC, obscene act, song or any other utterances has to be made in a public place.
It is submitted that staff room of a school is not a public place. Word ‘public’ has been defined in Section 12 of Indian Penal Code.
According to said section, ‘public’ means ‘any class of public’ or ‘any community’. From said definition of public, it is clear that public means common men or persons of community or citizens. Public place will be a place, where public has accessed. Staff room of a school is not a public place and general public does not have access to the staff room. Only teachers can use staff room for particular purposes. In these circumstances, it is submitted that offence under Section 294 of IPC will also not made out against petitioners.
Counsel appearing for petitioners further argued that offence under Section 506 of IPC is also not made out against petitioners. Public intimidation is defined in Section 503 of IPC, which says that whoever threatens another with an injury to his person, reputation or property with intent to cause alarm to that person is an offence punishable under Section 506 of IPC. In statement, which is given in Court, it has not been stated that any alarm has been caused to the complainant. It is only stated that he was threatened but nothing was stated that he was alarmed by such threat.
In these circumstances, prayer is made for quashing of proceedings in complaint case.
Government Advocate appearing for the State submitted that the offences under Section 294, 506 of IPC & Section 3(1)(x) of SC Petitioners had abused ST (POA) Act are made out against petitioners the complainant with word ‘chamar’ in staff room where others teachers were present, therefore, offence under Section 3(1)(x) of SC & ST (POA) Act will be made out against petitioners. Similarly, in staff room, other teachers were present, therefore, it is a public place. In these circumstances, petition may be dismissed.
The Court observed that,
On November 06, when the matter is taken up for hearing, none appears for Respondent No 2. It appears that respondent may have lost interest in prosecuting the case, therefore, respondent No 2 is proceeded ex parte.
It is clear that offence shall be committed in a public view to make out an offence under Section Section 3(1)(x) of SC & ST (POA) Act. Staff room is not a place within public view, therefore, no offence under Section 3(1)(x) of SC & ST (POA) Act is made out against petitioners.
Abuses, which is said to have been given by petitioners, are also not in public place. Staff room is not a public place and common public or citizens do not have access to it without permission of the school. In these circumstances, offence under Section 294 of IPC is also not made out against petitioners.
“On going through the statement given by complainant in Court, nowhere, it has stated that an alarm was caused to him when abuses were made against the reputation of complainant. In these circumstances, offence under Section 506 of IPC is also not made out against petitioners”, the Court further observed while allowing the petition.
“Proceedings in complaint Case registered against petitioners for having committed offence under Section 294, 506(II) of IPC & 3(1)(x) of SC & ST (POA) Act pending before Chief Judicial Magistrate Shahdol District-Shahdol are quashed”, the Court ordered.