MUKESH JAIN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THE applicant has preferred this application under Section 438 of the Code of Criminal Procedure, 1973 (for short 'cr. P. C. '), as he apprehends arrest in connection with Crime No. 160/08 registered in Police Station Dongargaon, district Dongargaon for commission of offence punishable under Sections 354, 294 and 323 of the Indian Penal Code, 1860 and section 3 (i) (xi) of the Scheduled Castes and scheduled Tribes (Prevention of Atrocities)Act, 1989 (for short 'act of 1989 ).

(2.) CASE of the prosecution, in brief, is that complainant Urmila Bai lodged report on 31. 5. 2008 at about 8. 10 p. m. alleging that she was inside her house at about 5. 30 p. m. on that day and labourer Subhash Mahar was chiseling stone outside her house, when the applicant abusing him in the name of his caste asked him as to who has asked him to work and when she came out, the applicant caught her arm with an intention to rob her honour and abused her by the name of her mother and caste. When her husband reached there, he also abused him in the name of his caste.

(3.) LEARNED counsel for the applicant submits that husband of the complainant has encroached upon the government land in front of the land of the applicant. The tehsildar after registering the case against him for the encroachment had imposed fine in the year 1988 as well as 1995 also. Since the applicant is directly affected person, he had filed an application before the Tehsildar complaining about the encroachment of the husband of the complainant and the tehsildar vide order dated 28. 5. 2008 directed him to stop construction forthwith. When the husband of the complainant learnt about the above fact he has made a false complaint against the applicant through his wife just three days after the order dated 28. 5. 2008 i. e. on 31. 5. 2008. Allegations present in the FIR do not constitute offence under Section 3 (i) (xi) of the Act of 1989, as the offence in question was not committed because of caste of the complainant or with a view to outrage the modesty of the complainant belonging to the Scheduled Caste. Reliance is placed in the matter of Abdul Abbad v. State of C. G.