PREMDEEP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition has been moved by Premdeep Singh under Section 482 of the Code of Criminal Procedure for quashing FIR No. 115 dated 27.07.2007 under Section 341/506 of IPC and Section 3 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for brevity, 'the Act') registered in Police Station Bhikhiwind, District Tarn Taran along with all consequential proceedings arising out of said FIR.

(2.) THE brief facts giving rise to this petition are that the above-mentioned FIR has been registered against the petitioner and his brother Birinder Singh. However, during investigation, he was found to be innocent and challan was not presented against him. From the contents of the FIR, no case is made out against the petitioner as the ingredients for making out a case under the provisions of the Act are missing. This case has been registered with political vendetta against the petitioner. The complainant in his statement has stated that the co-accused Premdeep Singh has said to him that you have voted for Virsa Singh of the Akali Dal and now asking to put stamps from him. The petitioner party is the supporter of the Congress Party and immediately after the Akali Party formed the Government in Punjab and the Akali MLA won from the constituency of the village of the petitioner, this case has been registered against the petitioner as he has not voted to Akali candidate in his village. It is settled law that the provisions of the Act would only be invoked, if the alleged occurrence/incident took place in any place within public view. Secondly, it must have been mentioned that the complainant belongs to the Scheduled Caste Community and the accused belongs to the non- Scheduled Caste community. Thirdly, it should have been mentioned that the accused persons have the knowledge that he belongs to the Scheduled Caste Community. In the present case, the above-mentioned ingredients are missing. This case has been registered by the police promptly and without conducting a reasonable and fair inquiry to know the truth regarding this occurrence. This shows that the police was under pressure and, therefore, the petitioner and his brothers were named. That otherwise also no injury has been received by the complainant, even though, there are allegations that he was confined in the house of the petitioner and had been tied with a rope. The story seems to be improbable in the normal course of nature and in these premises, this FIR alongwith consequential proceedings arising out of the same, may be quashed.

(3.) LEARNED counsel for the petitioner submitted with a good deal of force that on reading the allegations in the FIR carefully, it emerges out that the alleged occurrence took place inside the house of the petitioner, whereas the offence under Section 3 of the Act shall be deemed to have been made out, if the non-Scheduled Caste insults or intimidates member of a Scheduled Caste or a Scheduled Tribe with intent to humiliate in any place within public view and thus, prima-facie no offence under the said Section is made out. The learned State Counsel could not controvert this contention in a successful manner. Section 3 of the Act insofar as is relevant for the decision of this case reads as under :-