PRADEEP KUMAR CHAUBEY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Extraordinary jurisdiction of this Court has been invoked by the Petitioner for quashing the entire criminal proceeding including the first information report of Scheduled Caste and Scheduled Tribe (RNC) P.S. case No. 51 of 2009 (G.R. No. 3691 of 2009) instituted under Sections 504, 506, 354/34 of the Indian Penal Code and also under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (hereinafter referred to as ?the Act).

(2.) Before adverting to the submission advanced on behalf of the parties, the facts of the case giving rise to this application need to be taken notice of which are as follows.

(3.) One Nathuni Ram lodged a written report before the Officer-in-Charge, SC/ST Police Station, Ranchi on 3.9.2009 at 7 P.M. alleging therein that on 28.8.2009 when he came to see his daughter, Beena Kumari at Kasturba Gandhi Residential Girls? School, Ormajhi where his daughter was employed as Warden, he came across with one Sushma Kumari, a teacher of the said school, who on seeing him, started abusing. Meanwhile, when his daughter Beena Kumari reached there, she became more aggressive and started hurling abuses by taking name of their caste with a view to humiliate them by saying that they being untouchable come all over the places and make the places unholy. In the meantime, husband and brother of said Sushma Kumari also reached who joined Sushma Kumari in hurling abuses and subjecting them to assault and they held out threat to him to get his daughter out of the school, otherwise he will have to face serious consequence. Thereupon he was told by her daughter that Sushma Kumari and her husband used to misbehave with her in such manner since long and they were pressuring her to leave the school. She also disclosed that the matter had been reported to this petitioner, District Superintendent of Education, Ranchi but he never cared to take any action against them, rather the petitioner by calling his daughter in chamber used to humiliate her by taking the name of her caste. He also used to say to her daughter that she being a member of scheduled caste community does not have right to do Government service.