Brijmohan Sharma vs Dileep Singh and others

This application under Section 482 of Cr.P.C. is filed against that portion of charge-sheet by which the charge under Section 3(ix) of Schedule Castes and Schedule Tribes (Prevention of Atrocities Act), 1989 (''hereinafter referred as Act, 1989'') was added to the charge-sheet which resulted in pending Criminal Case No.21/2016.

In this case, the complainant was impleaded as respondent and learned counsel appearing for the respondent informed the Court on 13.10.2016 that information was given to the complainant in this case.

The relevant facts for disposal of this application are that the complainant lodged a complaint before Police Station-Bagh, District-Dhar. On 25.12.2015 at about 07:45 pm, he alongwith three other persons Arjun, Mahesh and Rakesh were coming on a motorcycle and were going to their residence. The motorcycle dashed against the accused persons due to disbalance, and on this, the dispute arose. It is alleged that the present applicant alongwith other persons started giving blows by fist and kicks and also started slapping them and due to this the complainant and other persons coming with them, sustained injuries. It is alleged that the present applicant also threatened them to kill them if they would again come to the market on motorcycle. The statement of the complainant was recorded by the police on 25.12.2015 itself in this statement, similar facts as stated in the F.I.R. were stated. However, a supplementary statement was recorded on 03.01.2016 in which following portion was added:-

Now, this application under Section 482 of Cr.P.C. is filed on the ground that on 25.12.2015, while complainant lodged the F.I.R., there was no allegation of using any name of caste of the complainant and no case was registered under the provisions of the Act. However, supplementary statement was recorded later on and the charge under the provisions of the Act, 1989 was added, and therefore, such a charge is not sustainable in the eyes of law. There is no prima facie evidence to show that the present applicant intended to insult the complainant because he belongs to a particular cast and community. The incident took place all of a sudden and there was no prior enmity, and therefore, there appears to be no intention on the part of the applicant, therefore, it is prayed that portion of the charge-sheet which relates to provision of the Act, 1989 may be quashed.

Learned counsel for the respondent opposed the application.

I have gone through the charge-sheet copies of which are filed by the present applicant and from going through the charge-sheet, it is apparent that supplementary statement was recorded after about eight days of the main incident. There is no reason showed in the statement as to why such facts were not mentioned in the F.I.R. immediately after the incident and while his statement was recorded under Section 161 of Cr.P.C. In this view of the matter and looking to the circumstances under which the incident allegedly took place, there appears to be no case is made out under the provisions of the Act, 1989 and the application is therefore, deserves to allowed and hereby allowed. That portion of the charge-sheet arising out of Crime No.363/2015 Police Sation-Bagh, District-Dhar, which resulted in pending Criminal Case No.21/2016 so far as this relates to Section 3(i-x) of Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act is hereby quashed. The proceedings in respect of other offence under the provisions of Indian Penal Code shall continue.