1 This application under Section 482 of the Code of Criminal Procedure, 1973 is filed by the applicants with a prayer to quash C.R. No.I-061/2011 registered with Modasa Town Police Station for the offences punishable under Sections 323, 354, 504, 506(2) and 114 of the Indian Penal Code and Section 3(i)(xi) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 [for short, 'the Atrocities Act'].
2 It is the case of the complainant that she belongs to a Scheduled Tribe and along with her husband runs a small movable hawking lawrry named as 'Hanuman Nasta House' near the road belonging to the Modasa Municipality and, just opposite to the said lawrry, the resident of the accused is situated. It is the further case of the complainant that, by preparation and selling of eatable items in the said lawrry, she ekes out her livelihood. That, a rift continued between the complainant and the applicants who used to represent to the Municipality from time to time about unauthorized occupants of public street and the road by the complainant from time to time. That, on the day when the alleged incident took place, according to the complainant, the accused, by abusing her with the words attracting offences under the Atrocities Act, torn her clothes and outraged her modesty; not only that, the applicants had abused and threatened her with dire consequences and the complainant apprehended danger to her life. The said incident took place in presence of the municipal employees who had visited the site to remove encroachment and it is the case of the complainant that the said incident took place in presence of such employees and other shop owners of the area. The complainant has further stated that, during the course of investigation, she would submit a certificate about her caste, Accordingly, the FIR is registered.
3 Mr.
J.V. Japee, learned counsel for the applicants would submit that the complaint impugned is nothing, but a counter-blast to the lawful action taken by the applicants to remove encroachment by the complainant, who used to prepare certain eatable items and created unhygienic situation leading to congestion of traffic and nuisance on public road. That, the version in the complaint is baseless, concocted and frivolous and the complaint is lodged out of vengeance and to see that no further action is taken by the applicants. That, there is no person who had ever seen or witnessed such incident and that, till today, no certificate of the caste is produced by the complainant, which is necessary to attract the ingredients of offences under the Atrocities Act. It is further submitted that the applicants, who are lawyers practising at Modasa town, would not even think of molesting the complainant in a broad-day light and, therefore, considering the nature of allegations and version of the complainant, which is unbelievable, the complaint impugned deserves to be quashed. In support of the arguments, the learned counsel for the applicants has relied upon various correspondence and communications addressed to the Chief Officer of the Municipality and other Authorities and submitted that the efforts made by the applicants to remove unauthorized encroachment had resulted into institution of such baseless complaint.
4 Upon issuance of notice, the complainant appeared through learned advocate Mr. Daifraz Havewalla, and filed affidavit-in-reply and submitted that the version in the complaint and the allegations levelled by the complainant would not only constitute offences under the Indian Penal Code, but the complainant belongs to a scheduled caste and, therefore, since the abusive words were used against the complainant at a place which is in public view, investigation is to be carried out. Not only that, considering the statement of eye-witness, a Sanitary Inspector of Modasa Municipality, who was present at the time and place of the incident, had confirmed about the torn clothes of the complainant and the scuffle which took place. In view of the above, it is submitted that this application deserves to be rejected.
5 Considering the nature of offences and the allegations levelled, this Court had called the police papers and the statements recorded so far which would reveal that the Sanitary Inspector of Modasa Municipality was present at the scene of offence. In his statement, he confirmed about the scuffle and assult took place on the complainant, a woman, and her clothes were found torn and, in the above situation, it cannot be said that the complaint is, in any manner, frivolous or baseless. Not only that, the allegations levelled in the complaint are substantiated by the statement of the independent witness, who is an employee of the Modasa Municipality and, prima-facie, offences punishable under Sections 323 and 354 of the Indian Penal Code are made out and the manner in which the abusive words were used against the complainant, who belongs to a reserved category, offences under the Atrocities Act are also rightly registered. This Court, in exercise powers under Section 482 of the Code, would not like to enter into the realm of appreciating evidence and further, when the offences are committed against a member of scheduled caste or scheduled tribe and supported by the independent evidence, prima-facie, exercise powers under Section 482 of the Code would amount to scuttling the investigation, which is not permissible at this stage. This petition is rejected. Notice is discharged. The interim relief stands vacated.
(ANANT S. DAVE, J.) (swamy) Top