Criminal Misc. No. 49889 M of 2007 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. 49889 M of 2007 Date of decision: 17.11.2010 Partap Singh ..............Petitioner Versus State of Punjab and another ................Respondents CORAM:- HON'BLE MR. JUSTICE RANJAN GOGOI Present: Mr. J.S.Chahal, Advocate, for the petitioner Mr. Rajesh Bhardwaj, Additional Advocate General, Punjab RANJAN GOGOI,J.(oral) This petition under Section 482 of the Code of Criminal Procedure has been filed for quashing of F.I.R. No. 130 dated 3.9.2007 registered at Police Station Amloh, District Fatehgarh Sahib and all proceedings pursuant thereto. The petitioner is the accused named in the aforesaid F.I.R. A reading of the F.I.R. in question would go to show that a complaint was filed before the Punjab State Scheduled Castes Commission Chandigarh by respondent No.3 Bala Singh son of Puran Singh resident of village Bhaini Jer, Tehsil Amloh, District Fatehgarh Sahib under Section 10 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. It was alleged that on 2.8.2006 the accused-petitioner who is an Ex-Sarpanch had abused the complainant Bala Singh with reference to his caste. On the basis of the said complaint, the Commission constituted a fact finding committee consisting of the Additional Deputy Commissioner (D), Criminal Misc. No. 49889 M of 2007 2 Fatehgarh Sahib and the District Welfare Officer, Fatehgarh Sahib. The committee submitted its report on 26.6.2007on the basis of which the Commission took a view that, prima facie, commission of an offence under Section 3(1) (x) of the Act by the accused-petitioner is made out. Accordingly directions were issued to the Superintendent of Police, Fatehgarh Sahib to register an F.I.R. and duly investigate the same. Accordingly this petition has been filed for quashing the said F.I.R. A reading of the F.I.R. which has been annexed as Annexure P- 1 to the petition would go to show that no details of the alleged abuse to the informant/complainant Bala Singh by the accused have been mentioned therein. The place where the alleged abuse was meted out, the persons present and the words used are also absent. Section 3(1)(x) of the Act makes an intentional insult or intimidation in order to humiliate a member of a Scheduled Caste or a Scheduled Tribe in any place within public view an offence. In the absence of any details in the F.I.R. it is difficult to hold that an offence under Section 3(1)(x) of the Act has been made out against the accused-petitioner. The above apart, a reading of the report of the committee dated 26.6.2007 would go to show that three persons i.e. Kala Singh, Harbans Singh and Lakhwinder Singh have affirmed about the alleged abuse to the complainant-first informant by the accused-petitioner. However, in the said report it is also mentioned that there is no contemporary written record of the incident. The absence of any such contemporary record, in considered view of the court, may render the proceedings pursuant to the F.I.R. futile for which reason the accused-petitioner, should not be subjected to a lengthy process of investigation and the resultant prosecution which is Criminal Misc. No. 49889 M of 2007 3 bound to be a sham. For the aforesaid reasons I am inclined to take the view that the present is a fit case for quashing of F.I.R. No. 130 dated 3.9.2007 registered at Police Station Amloh, District Fatehgarh and all proceedings pursuant thereto. It is ordered accordingly. Consequently, the petition is allowed. (RANJAN GOGOI) JUDGE November 17, 2010 RSK NOTE : Whether to be referred to the Reporter or not? Yes/No