SUNIL KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) This Writ Petition has been filed invoking the jurisdiction of this Court under Article 226 of the Constitution of India with a prayer to quash the FIR being Dumka Sadar SC/ST P.S. Case No. 07 of 2023 dtd. 19/10/2023 registered for the offences punishable under Ss. 341, 323, 504, 506, 354 of Indian Penal Code and under Sec. 3 (1) (r) (s) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 which has been mentioned as SC/ST Act, 2016 in the formal FIR as well as the endorsement regarding registration of the case made on the FIR by the Officer-in-Charge of the concerned SC/ST police station.

(3.) The allegation against the petitioner is that the petitioner while posted as settlement officer was approached by the informant-respondent no.4 lady with an application under Right to Information Act. It is alleged that the petitioner became enraged and refused to receive the said application under the Right to Information Act and told informant-respondent no.4 that they are insane Adivasis and they are coming to annoy and thereafter abused using obscene language and indecent behaviour and pushed the informant-respondent no.4 out of his chamber which humiliated the informant-respondent no.4. It is further alleged that many persons were present in the chamber of the settlement officer at the time of occurrence.