PRITI AGARWALLA Vs. STATE OF GNCT OF DELHI
LAWS(SC)-2024-5-70
SUPREME COURT OF INDIA
Decided on May 17,2024

Priti Agarwalla Appellant
VERSUS
STATE OF GNCT OF DELHI Respondents


Referred Judgements :-

BIJENDER SINGH V. STATE [REFERRED TO]
RAM NARAIN SONS LIMITED VS. ASST COMMISSIONER OF SALES TAX [REFERRED TO]
COMMISSIONER OF INCOME TAX MYSORE TRAVANCORE COCHIN AND COORG BANGALORE COMMISSIONER OF INCOME TAX BANGALORE VS. INDO MERCANTILE BANK LIMITED PANGAL VITTAL NAYAK AND CO LIMITED [REFERRED TO]
COMMISSIONER OF INCOME TAX BOMBAY CITY BOMBAY VS. BIPINCHANDRA MAGANLAL AND CO LTD [REFERRED TO]
SHAH BHOJRAJ KUVERJI OIL MILLS AND GINNING FACTORY VS. SUBHASH CHANDRA YOGRAJ SINHA [REFERRED TO]
STATE OF RAJASTHAN VS. LEELA JAIN [REFERRED TO]
S SUNDARAM PILLAI KOUSALAYA DEVT MURUGESA MUDALIAR N S DHANALAKSHMI AMMAL THAHIRA BEEVI M BALAKRISHNAN K R KRISHNAN VS. V R PATTABIRAMAN:P LAKSHMINARAYANA CHARYA:SELVARAJ CHETTIAR:B S RAMACHARI:R A MUTHIAH NADAR:FATHIMA BAI:P BHANUMATT [REFERRED TO]
BALDEV SINGH GANDHI VS. STATE OF PUNJAB [REFERRED TO]
NORATAMAL CHOURARIA VS. M R MURLI [REFERRED TO]
KOKKANDA B POONDACHA VS. K D GANAPATHI [REFERRED TO]
RAMDEV FOOD PRODUCTS PRIVATE LIMITED VS. STATE OF GUJARAT [REFERRED TO]
PRIYANKA SRIVASTAVA VS. STATE OF U.P. [REFERRED TO]
NATIONAL CAMPAIGN ON DALIT HUMAN RIGHTS & ORS. VS. UNION OF INDIA & ORS. [REFERRED TO]
DR. SUBHASH KASHINATH MAHAJAN VS. STATE OF MAHARASHTRA [REFERRED TO]
PRAMOD SURYABHAN PAWAR VS. STATE OF MAHARASHTRA [REFERRED TO]
UNION OF INDIA VS. STATE OF MAHARASHTRA [REFERRED TO]
PRATHVI RAJ CHAUHAN VS. UNION OF INDIA [REFERRED TO]
HITESH VERMA VS. STATE OF UTTARAKHAND [REFERRED TO]
UNION OF INDIA VS. VKC FOOTSTEPS INDIA PVT LTD [REFERRED TO]


JUDGEMENT

S.V.N.BHATTI,J. - (1.)The Olympic Riding and Equestrian Academy, Eastern Jaunapur, New Delhi (for short, "OREA"), is a training facility for enthusiastic equestrian athletes. Mr. Kapil Nath Modi administers and runs the said training facility. Appellant Nos. 2, 3, 6 and Respondent No. 2 were the trainee athletes in OREA. Appellant No. 1 is the mother of Appellant No. 2. Appellant Nos. 4 and 5 are the parents of Appellant No. 6.
(2.)Appellant No. 2 was admitted for equestrian training into the Academy in June 2010. Appellant No. 3 was accepted into OREA in the year 2009. Appellant No. 6 has also been receiving training in the Academy for a little over two years. Respondent No. 2, a passionate athlete who dreamt of being the first Olympic champion of dressage, claims to have been receiving training in equestrian sport in OREA since 2015.
2.1 The equestrian sport dates back to the ancient Greek era and has been an Olympic sport from 1900 onwards. The dressage sport is popularly known as horse ballet. The riders and their horses are judged based on their movement, calmness, suppleness and flexibility. One judges the horse's enthusiasm to perform each element with minimum encouragement from the rider. For strangers to the sport, including non- equestrian athletes, this sport displays the perfect sync between the horse and the rider.

(3.)The controversy considered in the present appeal reflects whether the athletes under training at OREA, who wanted to control the mind and body of a horse, have lost the calmness, suppleness and flexibility while being trained at OREA. The Criminal Appeal concerns the complaint filed by Respondent No. 2 on 29/4/2018 before SHO P.S. Fatehpur Beri, South Delhi under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (for short, "the Act of 1989") against the Appellants herein and the application dtd. 9/5/2018 filed under sec. 156(3) of the Code of Criminal Procedure, 1973 (for short, "the CrPC") before the Ld. Metropolitan Magistrate, South Saket Court, Delhi.
3.1 A few dates and events between the contesting parties from 3/4/2018 to 9/5/2018 are prefaced to the narrative. On 3/4/2018, Appellant No. 4 filed a complaint before SHO, P.S. Fatehpur Beri, against the administrator of OREA. The said complaint is not made under any specific sec. of the Indian Penal Code, 1860. The administrator, however, considering the nature of the allegations in the FIR lodged against him before SHO, P.S. Fatehpur Beri, on 6/4/2018, moved an application for anticipatory bail before the Saket District Court, Delhi. On 11/4/2018, the anticipatory bail application of the administrator stood dismissed. On 12/4/2018, Appellant No. 1 and her husband filed yet another complaint against the administrator of OREA, on the alleged ill- treatment meted out to their son/Appellant No. 2 by the administrator. On 14/4/2018 and 15/4/2018, as the calmness of all the persons concerned is noticeably lost, in quick succession, admittedly, yet another complaint alleging sexual harassment, cheating and cruelty towards animals was filed against the administrator by Appellant Nos. 3, 4 and 6. A WhatsApp group "Alliance" was created by Appellant No. 6, which included Appellant Nos. 2 and 3 and one Daksh Mittal, another trainee athlete at OREA. Daksh Mittal wrote a letter dtd. 21/4/2018 to the administrator, informing the conspiracy being hatched by the members of the "Alliance" WhatsApp group to kill the administrator and attack Respondent No. 2 by pouring acid on Respondent No. 2. The administrator, on 22/4/2018, by referring to the letter dtd. 21/4/2018, filed a complaint before SHO P.S. Fatehpur Beri for protection and also to prevent any plan being executed either on the administrator or Respondent No. 2 by a few members of the WhatsApp group, "Alliance". It is not preposterous to advert at this stage of the narrative that the complaint dtd. 22/4/2018 dealt with what is informed through a letter dtd. 21/4/2018 by Daksh Mittal/trainee athlete at OREA and nothing else.

3.2 On 28/4/2018, Appellant Nos. 3, 5 and 6, along with the police and officers of the Animal Husbandry Department, visited the training facility of OREA at Eastern Jaunapur, New Delhi. On 29/4/2018, Respondent No. 2 filed a complaint before SHO P.S. Fatehpur Beri against the Appellants herein under the Act of 1989, which is the genesis for the present Criminal Appeal.

3.3 The following cases and counter-cases are stated to have been filed/pending by and against the parties herein:

JUDGEMENT_70_LAWS(SC)5_2024_1.html

3.4 The grievance of Respondent No. 2 is that the information lodged on 29/4/2018 was not taken up, inquired, or investigated by the SHO of P.S. Fatehpur Beri. Respondent No. 2, alleges to have sent complaints/grievance petitions complaining inaction on the Complaint dtd. 29/4/2018, between 29/4/2018 and 8/5/2018, to all the authorities who matter in giving apt and appropriate directions to the SHO of P.S. Fatehpur Beri for timely investigation of the information lodged on 29/4/2018. Respondent No. 2 has a grievance that the inquiry/investigation, on the complaint dtd. 29/4/2018, did not happen as mandated by the Act of 1989. Hence, on 9/5/2018, Respondent No. 2 filed an application under sec. 156(3), read with sec. 200 of the CrPC before the Ld. Chief Metropolitan Magistrate, South Saket Court for the following prayers:

"It is therefore most humbly prayed that this Hon'ble Court may kindly be pleased:

a) To order registration of FIR under appropriate provisions of law and order fullfledged investigation, as may be mandatory and necessary in accordance of law.

b) Pass such further order, as this Hon'ble Court may deem fit, just and proper in the interest of justice."



Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.