JAGDISH Vs. STATE OF M P

JUDGEMENT

(1.) This is a petition under Section 397, Code of Criminal Procedure for quashment of the order dated 3-12-2009 passed by Special Judge (SC/ST), Ujjain in Criminal Case No. 165/08 whereby charges have been framed against the Petitioners for an offence alleged to have been committed under Sections 332, 506-B of IPC and under Section 3 (1) (x) of SC/ST Act.

(2.) Short facts of the case are that the Respondent filed the challan against the Petitioners and other co-accused persons for the offence punishable under Sections 353, 294, 506/34 of IPC and under Section 3 (1) (x) of SC/ST Act. After securing the presence of Petitioners and other co-accused charges were framed against the Petitioners as stated above, against which present petition has been filed.

(3.) Learned Counsel for the Petitioners argued at length and submits that the impugned order passed by the learned Court below is illegal, incorrect and deserves to be set aside. It is submitted that no offence is made out against the Petitioners either under Sections 332, 506-B of IPC or under Section 3 (1) (x) of SC/ST Act. It is submitted that at the most charge could have been framed against the Petitioners under Section 351 of IPC. It is submitted that for making out a case under Section 506-B of IPC mere threats will not constitute an offence. For this contention learned Counsel placed reliance on a decision in the matter of Sharad Dave v. Mahesh Gupta, 2005 2 MPJR 71. Learned Counsel further submits that for making out a case under Section 332 of IPC it is necessary that the accused has caused obstruction to a public servant in discharge of his public duties. So far as offence under Section 3 (1) (x) of SC/ST is concerned, it is submitted that there should be an intention to insult or humiliate a member of SC/ST category and mere utterance of word "Chamar" without any intention to insult or humiliate will not constitute the offence punishable under the said section. For this contention reliance is placed on a decision in the matter of Amir v. State of Madhya Pradesh, 2005 1 MPHT 411, wherein a Divisional Bench of this Court has held that making out a case under the provisions of SC/ST Act the offence must be committed against the complainant on the ground that such person is a member of Scheduled Caste or Scheduled Tribe. Further reliance is placed on a decision in the matter of Jasrath Singh v. State of Madhya Pradesh, 2005 4 MPHT 390 wherein this Court has held that to constitute an offence it is necessary that whoever, not being a member of a Scheduled Caste intentionally insults or intimidates with intent to humiliate a member of a Scheduled Caste or a Scheduled Tribe in any place within public view and merely calling a person from the caste name without proof of any intention of insulting or humiliating do not constitute the offence under Section 3(1) (x). Lastly reliance is placed on a decision in the matter of Anil Kumar Pandey v. Daulat Prasad, 2005 3 MPHT 463, wherein this Court has observed that merely utterance of word "Chamara" without any intention to insult or humiliate a member of SC/ST category, it would not make out offence under Section 3(1) (x) of SC/ST Act.