KURIAN JOSEPH,J. - (1.) Leave granted.
(2.) The appellants are aggrieved by the order dated 22.07.2015 passed in Crl. Misc. Petition No.1392 of 2008 by the High Court of Judicature at Allahabad, Lucknow Bench. The High Court declined to exercise its jurisdiction under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "CrPC") on a prayer made by the appellants for quashing the Supplementary Report filed under Section 173 of CrPC. dated 26.04.2007 by the Investigating Officer. It is stated in the Report itself that the charges are added at the instance of the National Commission for Scheduled Castes (hereinafter referred to as "the Commission"). The Report, to the extent relevant, reads as follows:- "It is most respectfully submitted that NCR No.96/04 u/s. 323, 504, 506 IPC was registered at PS Motiganj on 10.2.2007 and subsequently Section 3(1)(x) of the SC/ST (Prevention of Atrocities) Act was inserted under the directions of Hon'ble SC/ST Commission and the investigation of the case was taken up by me. On the basis of the entire investigation, statement of informant and witnesses, inspection of the place of occurrence, prima facie case for the offence u/s 323, 504, 506 IPC and Section 3(1)(x) of the SC/ST (Prevention of Atrocities) Act is made out against the named accused in the FIR. The sequence of events are in accordance with the NCR No.96/04 in which investigation has already been concluded in the past and charge sheet no. nil/04 dated 21.9.2004 u/s 323, 504, 506 IPC has been submitted in the Court against Bharat Singh, Vishnu Singh and Eshwar Pratap Singh. After concluding further supplementary investigation in the case, the instant charge sheet no. 17/07 against accused Bharat Singh, Vishnu Pratap Singh and Eshwar Singh for the offence under Section 3(1)(x) of the SC/ST (Prevention of Atrocities) Act and accused Angad Singh under Section 323, 504, 506 IPC and Section 3 (1)(x) of the SC/ST (Prevention of Atrocities) Act is being submitted before the Court. It is most humbly prayed that learned Court may be pleased to include this supplementary charge sheet no. 17/07 with the earlier Charge Sheet No. Nil/04 u/s 323, 504, 506 IPC and issue summons to all the accused persons for their trial u/s 323, 504, 506 IPC and Section 3(1)(x)of the SC/ST (Prevention of Atrocities) Act." (Emphasis supplied)
(3.) Background: The Respondent No. 2/ complainant lodged an NCR bearing no. 96/04 dated 25.07.2004 against the appellants at P.S Motiganj, District Gonda for offences under Sections 323, 504 and 506 of the Indian Penal Code, 1860 (hereinafter referred to as "IPC"). In the first chargesheet dated 21.09.2004 filed by the Police before the Chief Judicial Magistrate, Gonda the appellants were charged under Sections 323, 504 and 506 of the IPC. It is the case of the appellants that more than two years after the first chargesheet was filed, the Respondent No. 2 made a complaint dated 03.12.2006 before the Commission. It appears that within three days, by letter dated 06.12.2006, the Commission requested for the addition of Section 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act. The direction issued by the Commission reads as follows:- "Sub.: Regarding protection to atrocity victim ? Representation of Sri Ram Bahadur s/o Late Pherai, Vill. Kahova, PS Motiganj, Dist. Gonda. Sir, On the subject cited above, please recall the deliberation during the District Level Meeting held on 27.11.2006 whereat the enclosed photocopy of the inquiry report received from the Circle Officer, Mankapur, Gonda addressed to you was discussed. It has come to light from a perusal of the aforesaid report that charge sheet u/s 323/504/506 IPC has been submitted against the accused persons in NCR No.96/04 PS Motiganj, Dist. Gonda. In this context, it is to state as to why the appropriate Sections of SC/ST Act were not invoked in the said case, whereas Section 3(1) (x) of the SC/ST (Prevention of Atrocities) Act clearly provides that "Whoever, not being a member of a Scheduled Caste or a Scheduled Tribe, intentionally insults or intimidates with intent to humiliate a member of a Scheduled Caste or a Scheduled Tribe in any place within public view, shall be punishable." Therefore, it would be just and proper to invoke the appropriate sections of SC/ST Act in the present case. It is, therefore, requested that in view of the aforementioned facts, you may add Section 3(1)(x) of the SC/ST (Prevention of Atrocities) Act, besides Section 323/504/506 IPC, in the NCR No.96/04 and submit supplementary charge sheet in the Court as well as a proposal to the competent authority thereby recommending grant of financial help to the victims. Please send the desired information along with action taken report/report on the proposed action to the undersigned at the earliest possible. Yours faithfully, Sd/- illegible (Dr. Dibakar Basak) Dy. Director and Head of the Office" (Emphasis supplied);