Raghunath Singh & another v. Presence

2. As per the FIR, on 31.05.2019, the applicants, who are residents of the same village as the complainant, allegedly passed caste-based insulting remarks against her in a public setting. At the time of the alleged incident, the complainant, a minor girl belonging to a Scheduled Caste, was at home with her younger sister, while her mother was away.

3. Initially, a complaint was addressed to the local Revenue Sub- Inspector, but no FIR was lodged. The complainant subsequently submitted representations to senior authorities and ultimately moved an application under Section 156(3) CrPC before the District and Sessions Judge, who vide order dated 26.08.2019 directed registration of FIR. Criminal Misc. Application No.94 of 2020-----Raghunath Singh & another vs State of Uttarakhand &another 1 Ashish Naithani J.

4. Pursuant to this, FIR No. 02 of 2019 was registered on 02.09.2019 under the aforementioned sections. Investigation was entrusted to the Circle Officer (Dy.S.P.), who recorded the complainant’s statements under Sections 161 and 164 CrPC, as well as the statements of her mother and sister. All three witnesses supported the version disclosed in the FIR.

5. Upon conclusion of the investigation, the Investigating Officer submitted a charge-sheet dated 01.12.2019 against the applicants. The learned District and Sessions Judge, after perusing the case diary and materials on record, passed a summoning order on 21.12.2019, taking cognizance of the offences and directing the applicants to appear.

6. Heard the learned counsel for the parties and perused the records.

7. It is contended on behalf of the applicants that they have been falsely implicated in the present case owing to a longstanding enmity with one Vikram Singh, who is allegedly using the complainant as a proxy to settle personal scores. It is alleged that Vikram Singh had previously made false complaints against the applicants, all of which were found to be unsubstantiated.

8. It is submitted that the complaint was lodged after an unexplained delay of five days, which casts doubt on the veracity of the incident. The applicants further allege that the allegations made by the complainant are based purely on hearsay, as even in her initial version before revenue authorities, she admitted that she had not personally heard the caste- related remarks.

9. The applicants rely on the findings of a preliminary inquiry conducted by the Revenue Inspector and Nayab Tehsildar, as well as on a communication dated 28.08.2019 addressed to the Sub-Divisional Magistrate, which, according them, the allegations unsubstantiated. These documents are said to reflect that the complainant Criminal Misc. Application No.94 of 2020-----Raghunath Singh & another vs State of Uttarakhand &another 2 Ashish Naithani J. and her mother had not witnessed the alleged abuse and only referred to what they had “heard.”

10. It is also urged that the charge-sheet has been submitted without any credible material to support the offences alleged. The applicants assert that there is no independent witness to the incident, and that the evidence collected does not meet the threshold of prima facie involvement.

11. The applicants submit that the learned Sessions Judge mechanically passed the summoning order without application of judicial mind to the material available on record. It is argued that the entire criminal proceeding is based on conjectures and is liable to be quashed in the interest of justice.

12. The learned counsel for the respondent has opposed the application and submitted that the allegations made in the FIR are specific, credible, and supported by consistent statements under Sections 161 and 164 CrPC. It is urged that the complainant, a minor girl belonging to a Scheduled Caste, has clearly narrated the incident, stating that the applicants made caste-insulting remarks on 31.05.2019 in the presence of her and her younger sister.

13. It is further submitted that the complainant had immediately approached the Revenue Sub-Inspector, but the FIR was not registered. Only after repeated representations and filing an application under Section 156(3) CrPC was the FIR lodged. The complainant asserts that the delay in formal registration of the FIR is attributable to the inaction of revenue officials, and not to any fault on her part.

14. On the other hand,on behalf of therespondent, State,it is argued that the investigation was carried out fairly and in accordance with the law. The statements of the complainant and her witnesses, her mother and sister, were recorded, and all three supported the State’s version.

15. The State submits that, based on the material collected, a charge-sheet was rightly filed against the applicants, and that the learned Sessions Criminal Misc. Application No.94 of 2020-----Raghunath Singh & another vs State of Uttarakhand &another 3 Ashish Naithani J. Judge, upon due consideration of the case diary and supporting evidence, passed a reasoned summoning order. The assertion that the order is mechanical or passed without application of mind is denied.

16. Both the State and respondent emphasize that the allegations disclosed in the FIR, if taken at face value, make out a prima facie case, and the applicants have adequate remedies available under the Code to seek discharge before the trial court. The invocation of Section 482 CrPC at this stage is thus said to be premature and misconceived.

17. Having considered the submissions advanced on behalf of the parties and having perused the material brought on record, this Court finds itself persuaded to invoke its inherent jurisdiction under Section 482 CrPC. Though the power under Section 482 is to be exercised sparingly, it is equally well-recognized that such power is meant to prevent abuse of the process of law and to secure the ends of justice.

18. In the present case, the FIR was registered pursuant to a judicial direction under Section 156(3) CrPC. Prior to that, the complainant had admittedly approached the local revenue authorities, but no formal police report was lodged for a considerable period. While delay in lodging an FIR may not, by itself, be fatal to the prosecution case, the surrounding circumstances here warrant closer scrutiny.

19. The materials produced by the applicants, particularly the preliminary report of the Revenue Inspector dated 23.08.2019 and the letter dated

28.08.2019 addressed to the Sub-Divisional Magistrate, indicate that both the complainant and her mother had disclaimed direct knowledge of the alleged incident and stated that the remarks were only relayed to them by others.

20. Such contemporaneous material, which forms part of the official record, casts serious doubt on the authenticity of the allegations. It is equally notable that the complainant’s version underwent material enhancement only after the judicial order for registration of the FIR. The Criminal Misc. Application No.94 of 2020-----Raghunath Singh & another vs State of Uttarakhand &another 4 Ashish Naithani J. contradictions between her earlier version and subsequent statements recorded under Sections 161 and 164 CrPC are not trivial or procedural but strike at the core of the prosecution's case.

21. The charge-sheet appears to have been submitted solely on the strength of these subsequently recorded statements, without any independent corroboration. The offence under Section 3(1)(r)(s) of the SC/ST Act requires proof of intentional insult or intimidation with reference to the victim’s caste, and that too in public view.

22. These elements are conspicuously missing or, at best, rest on highly uncertain and disputed grounds. The test laid down by the Hon’ble Supreme Court in Hitesh Verma v. State of Uttarakhand, (2020) 10 SCC 710, regarding the essential ingredients of the offence is not satisfied on the facts of this case.

23. The allegations contained in the FIR and the subsequent statements, even if taken at face value, do not satisfy the essential ingredients of Section 3(1)(r)(s) of the SC/ST Act, which mandate that the alleged insult must be not only intentional but made in public view and directly aimed at the caste identity of the complainant.

24. In the absence of independent corroboration, and given complainant’s earlier recorded disclaimer of direct knowledge, this Court is constrained to observe that the charge-sheet rests on a legally insufficient foundation.

25. The summoning order passed by the learned Sessions Judge also does not reflect any judicial application of mind to these discrepancies or to the preliminary reports available prior to registration of the FIR. A mechanical act of cognizance, without addressing glaring doubts in the prosecution material, cannot be sustained.

26. In view of the legal position crystallised by the Hon’ble Supreme Court in State of Haryana v. Bhajan Lal, 1992 Supp (1) SCC 335, and Neeharika Infrastructure Pvt. Ltd. v. State of Maharashtra, (2021) 6 SCC Criminal Misc. Application No.94 of 2020-----Raghunath Singh & another vs State of Uttarakhand &another 5 Ashish Naithani J. 516, the present case qualifies for interference under categories where the proceedings are manifestly attended with mala fide intent or where the uncontroverted allegations fail to disclose the commission of any offence.

27. This Court is therefore of the considered opinion that permitting continuation of the criminal proceedings in the present matter would amount to abuse of process and result in unnecessary harassment of the applicants.

28. In view of the foregoing, the Criminal Miscellaneous Application under Section 482 CrPC is allowed. ORDER The charge-sheet dated 01.12.2019, summoning order dated

21.12.2019, and all further proceedings in Special ST No. 33 of 2019 (Case Crime No. 02 of 2019) under Sections 509 IPC and 3(1)(r)(s) of the SC/ST Act, Police Station Revenue Patti Khatsyu-3, Barashyu, District Pauri Garhwal, pending before the learned District and Sessions Judge, Pauri Garhwal, are hereby quashed. Dated:15.05.2025 NR/ Ashish Naithani, J. Criminal Misc. Application No.94 of 2020-----Raghunath Singh & another vs State of Uttarakhand &another 6 Ashish Naithani J.