KAILASH PRASAD SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner, Kailash Prasad Sharma, has prayed for quashing of FIR No.394/12 registered at Police Station Lalsot, District Dausa for offence under Section 354 IPC and for offence under Section 3 of the SC/ST (Prevention of Atrocities) Act.

(2.) THE brief facts of the case are that the petitioner happened to be the Head Master of the Government Primary School, Deedwana, Lalsot, District Dausa at the relevant time. On 6.9.2012, one Shambhu Lal lodged a report at Police Station Lalsot wherein he claimed that his minor daughter is studying in Class-V at the above mentioned school. He further claimed that on 6.9.2011, the petitioner called his daughter inside a room on the pretext that she has to clean the room. When his daughter went inside the room, the petitioner locked the room from inside, and started physically misbehaving with her. Consequently, his daughter screamed. Two students and few members of the staff rushed to her rescue; after getting the door opened, they took his daughter out of the room. The child came crying back home. Both the students, Lalita and Sharda, told him as to what had happened. They also informed him that the petitioner had also physically misbehaved with them on an earlier occasion. Lastly, he claimed that he is a member of the Scheduled Caste community. On the basis of this report, a formal FIR, namely FIR No.394/12, was chalked out for the offences mentioned above.

(3.) IT seems that the incident also agitated a large number of villagers. Therefore, the villagers blocked the road and shouted slogans against the administration. The police was immediately informed about the agitation raised by the villagers due to the petitioner's misbehaviour with the small girl. When the police went to speak to the agitated villagers, the villagers manhandled the police personnel. Consequently, the SHO, Babulal lodged a FIR against a large number of villagers, namely FIR No.395/12 for offences under Sections 143, 336, 427, 283, 332, 353 IPC.