- (1.) The applicants, by means of this application under Section 482 Cr.P.C., have invoked the inherent jurisdiction of this Court with prayer to quash the entire proceeding of Complaint Case No. 1577 of 2012, under Sections 323 , 504 , 506 I.P.C. and Section 3(1)(X) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act , 1989, pending in the Court of Judicial Magistrate, Duddhi, Sonebhadra.
(2.) Heard learned counsel for applicants, learned counsel for opposite party no. 2, learned A.G.A. for State and perused the record.
(3.) Learned counsel for applicants argued that a departmental inquiry was pending against Vinod Kumar Tanay, wherein applicant no. 1 K.P. Thakur was Enquiry Officer and applicant no. 2 Binod Kumar was Presenting Officer. This enquiry was being hindered by Vinod Kumar Tanay by any means. He was summoned for recording of evidence in above inquiry, where he came with M.P. Tiwari, another co-worker. It was objected with a direction to M.P. Tiwari not to intervene in the proceeding of enquiry and he was asked to remain outside of the chamber of applicant no. 1, wherein enquiry was being conducted. He made obstruction. The complainant Vinod Kumar Tanay was of habit of creating hindrance in the smooth functioning by making false accusation at different stages because of being member of Scheduled Caste community. In that enquiry too he tried so, for which instant complaint was lodged by applicants to Department's superiors as well as local authorities. This complaint, with false accusation, was got lodged before court of Judicial Magistrate, Duddhi, Sonebhadra, wherein allegation was levelled with a view to make hindrance in above departmental enquiry, wherein he was examined under Section 200 Cr.P.C. and his two witnesses (co-workers), were examined under Section 202 Cr.P.C. and on the basis of same, learned Magistrate passed impugned summoning order for offences punishable under Sections 323 , 504 , 506 I.P.C. read with Section 3(1)(X) of SC/ ST Act , whereas no assault or abuse in a public view was said to be made by applicants nor it was ever made. The statements, recorded under Section 200 Cr.P.C. as of complainant was with no mention that this occurrence of alleged assault and abuse was made with intention to abuse or insult on the basis of complainant being member of Scheduled Caste community by present applicants, who were not member of Scheduled Caste community. The place of occurrence has been said to be chamber of applicant no. 1 that too after bolting it from inside i.e. it was not an abuse in the public view. The essential ingredients of offence punishable under Section 3(1)(X) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act , 1989 (hereinafter referred as the Act) are intentionally insults or intimidates with intent to humiliate a member of a Scheduled Caste or a Scheduled Tribe in any place within public view. In Gorige Pentaiah Versus State of Andhra Pradesh and Others; (2008) 12 Supreme Court Cases 531, apex court has propounded at para 6 that a public view is the view, which is of public access. Once it is inside any house, it will not be a public view and in the case of lack of above basic ingredient, the offences of Section 3(1)(X) of the Act is not completed. The same has been propounded by apex court while interpreting public view in same case at para 28. In present case, the place of occurrence has been said to be chamber of applicant no. 1, which was said to be bolted from inside. Meaning thereby, that was not a public view at all. The enquiry concluded with dismissal of complainant as well as his witnesses. Applicants being officers of Northern Coalfields Limited being Controller and Head of Department of Mining, where complainant was an employee and they are to take work from him with administrative control and if such type of practice is being permitted then it will be highly impossible for administrative superiors in getting work from administrative inferiors in performance of official duties. The allegations levelled by complainant was false, baseless and under manipulation, for hindering senior officers and influencing enquiry being conducted against him. It was abuse of process of law. Hence, this application with above prayer for setting aside impugned summoning order.;