IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46429 of 2007 SHIV KUMAR SINGH @ SHIV CHANDRA SINGH @ RANDHIR KUMAR Son of Dev Lal Singh, resident of Village-Dharamdaspur, P.S. Desari, District-Vashali ------------------------ Petitioner Versus 1. The State of Bihar. 2. Lal Babu Paswan, Mukhia Son of Police Paswan, R/O Village- Jafarabad Khokla Kalyan, Police Station-Desari, Distt-Vaishali --------------------- Opp.Parties. ----------- For the petitioner : M/S Bhola Prasad , and Anirudh Kumar Sinha, Advocates For the State : Mr.Jharkhandi Upadhaya, A.P.P. For Opp.Party No.2 : Mr. Mukesh Kumar Singh ,and Anuradha Singh, Advocates. ------------- O R D E R The sole F.I.R. named accused of Desari P.S. Case No.48 of 2007 has prayed for the quashing of the order dated 5.9.2007 passed therein by the learned Chief Judicial Magistrate, Vaishali at Hajipur, whereby he has taken cognizance under Sections 341,323,504/34 I.P.C as also Section 3(1)(x) of the Scheduled Castes & Scheduled Tribes( Prevention of Atrocities ) Act ( hereinafter referred to as “ the SC/ST Act”) against the petitioner and has issued summons for his appearance. The prosecution case is based on the written report submitted by one Lal Babu Paswan, the Scheduled Caste Mukhiya of Gram Panchayat Raj Jafarabad, impleaded herein as Opp.Party no.2, inter alia alleging that on 8.4.2007 at about 5.30 P.M. as he reached near the Deva Asthan enroute to Desari, he saw 5-6 persons talking - 2 - amongst themselves and as he passed by some one from amongst them beckoned him in abusive language and as he stopped out of fear, the petitioner, whom he knew from before as an Amin jumped and catching hold of his collar uttered in abusive terms” Sala Dusadh Chamar Mukhiya Ban Gaya Hai To Samajhta Hai Ki Nitish Ka Sala Baan Gaya Hai , Ham Jaisa Kahten Hain Waisa Karo Nahi To Dekh Lo Yeh Sixer Sara Goli Dimag Mein Ghusher Denge, Tab Tumhare Dimag Kamn Karne Lagega” and assaulting him took away a diary and Rs.430/- from his pocket . Upon the informant raising hulla Naresh Paswan, Virchand Paswan and Neetu Singh arrived whereupon the accused fled away. It is submitted on behalf of the petitioner that the instant case is a counter blast to complaint case no.835 of 2007 filed by him on 11.4.2007 against the informant for having demanded a sum of Rs.50,000/- for approving his appointment as a Panchayat teacher under the reserved disabled quota notwithstanding his having been placed at serial no.1. The instant complaint came to be filed on 14.4.2007 for the alleged occurrence of 8.4.2007 and no explanation has been furnished for the said delay and that too when the police station was only at a distance of only 3 km. from the place of occurrence. It was further submitted that no offence under Section 3(1) (x) of the SC/ST Act can be said to have been made out from the averments made in the written report as calling a person by his caste does not constitute an offence thereunder. The Supreme Court in this context in the case of Swaran - 3 - Singh Vrs. State, reported in 2008 (4) PLJR 178(SC) observed that today the word “Chamar” is often used by people as a word of insult, abuse and derision and calling a person “Chamar” today is an abusive language and is highly offensive. The word “Chamar” when used today is not normally used to denote a caste but to intentionally insult and humiliate some one. It is evident from a perusal of the F.I.R. that the petitioner used the words “Sala Dusadh Chamar” in a derogatory sense in the open road. However, there is nothing to show that any member of the public was present there when the derogatory words were uttered or that the place where he uttered them was a place which ordinarily could be seen by the public. No prima facie offence under Section 3 (1) (x) of the SC/ST Act appears to have been made out. In the result the taking of cognizance under Section 3(1) (x)of the SC/ST Act is hereby quashed and the application is allowed in part. The petitioner shall be liable to face trial for the offences under the Penal Code. ( Abhijit Sinha, J ) Patna High Court, Patna Dated : the 23rd January,2009 Nawal Kishore Singh/ A.F.R.