HITESH VERMA versus THE STATE OF UTTARAKHAND & ANR.

HITESH VERMA versus THE STATE OF UTTARAKHAND & ANR.

The offences under Section 3(1)(r) of the SC/ST Act were not established because the alleged insults/intimidation occurred within the four walls of a building without members of the public present and arose from a property dispute rather than being on account of the complainant's caste; accordingly the charge under Section 3(1)(r) was quashed while other IPC charges were left to be tried by the competent court.

Parties
Appellant: HITESH VERMA; Respondent: THE STATE OF UTTARAKHAND; Respondent: ANR.
Jurisdiction
India
Judgment Date
05 November 2020
Procedural Posture
Criminal Appeal / Appeal Against High Court Order Dismissing Petition Under Section 482 Cr.p.c.
Outcome
Appeal disposed of; charge under Section 3(1)(r) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 quashed; remaining offences to be tried by competent court.
Legal Topics
Quashing of Charges, Section 482 Cr.p.c., Section 3(1)(r) of Sc/st Act (formerly 3(1)(x)), Place Within Public View Requirement, Quashing Charge Sheet in Part
Criminal Law Criminal Procedure Scheduled Castes and Scheduled Tribes (prevention of Atrocities) Act, 1989 Quashing of Charges Section 482 Cr.p.c. Section 3(1)(r) of Sc/st Act (formerly 3(1)(x)) Place Within Public View Requirement Quashing Charge Sheet in Part

Case Brief

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Parties

HITESH VERMA

Appellant

THE STATE OF UTTARAKHAND

Respondent

ANR.

Respondent

Procedural Posture

Criminal Appeal / Appeal Against High Court Order Dismissing Petition Under Section 482 Cr.p.c.

Legal Issues

  1. 1 Whether the offences under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Section 3(1)(r)) were made out on the facts alleged in the FIR
  2. 2 Whether the alleged insults/intimidation occurred in a place within public view as required by Section 3(1)(r)
  3. 3 Whether the charge-sheet can be quashed in part under Section 482 Cr.P.C.

Ratio Decidendi

The offences under Section 3(1)(r) of the SC/ST Act were not established because the alleged insults/intimidation occurred within the four walls of a building without members of the public present and arose from a property dispute rather than being on account of the complainant's caste; accordingly the charge under Section 3(1)(r) was quashed while other IPC charges were left to be tried by the competent court.

Court Disposition

Appeal disposed of; charge under Section 3(1)(r) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 quashed; remaining offences to be tried by competent court.

Orders

  • Charge-sheet insofar as it alleges an offence under Section 3(1)(r) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 quashed.
  • FIR and charges in respect of other offences (including under IPC) to be tried by the competent Court in accordance with law.