WPCRL/1448/2022 of AZAD TYAGI Vs STATE OF UTTARAKHAND
Parties
- WPCRL/1448/2022 of AZAD TYAGI (PETITIONER)
- However, this Court is of the opinion that since the petitioner has abused the complainant in respect of her caste in the presence of the employees of the nursing home which she is running, the staff (RESPONDENT)
Cites (3 resolved of 6 detected)
- 2021 SCC ONLINE 315 (2021) DISTINGUISHED
- NEEHARIKA INFRASTRUCTURE PVT. LTD. versus STATE OF MAHARASHTRA AND OTHERS (2021)
- AIR 1960 SC 866 (1960) CONSIDERED
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Office Notes, reports, orders SL. or proceedings Date COURT’S OR JUDGES’S ORDERS No or directions and Registrar’s order with Signatures WPCRL No. 1448 of 2022 Hon ’ble S.K. Mish r a, J.Ms. Reema Rana, the learned counsel for the petitioner. Ms. Manisha Rana Singh, the learned A.G.A. for the State. Heard learned counsel for the parties. By filing this writ application, the petitioner has sought quashing of the FIR dated 15.07.2022 registered as FIR No. 0534 of 2022, under Sections 504 and 506 of the Penal Code and under Section 3(1)(s) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 at P.S. Gangnahar, District Haridwar. The averment made in the FIR clearly reveals that the petitioner threatened the informant in the presence of staff as per her caste name. The learned counsel for the petitioner relies upon the reported case of Salim Abdul Shaikh vs. The State of Maharashtra in CRLA No. 1030 of 2018 decided on 25.09.2019 wherein the High Court of Delhi has held that the expression within public view must be construed to mean that the insult or humiliation must take place in the presence of or in the proximity of at least one independent person. The learned counsel, therefore, submits that the staff members of the complainant were present, who were working in the nursing home which cannot be said to be public witness.
However, this Court is of the opinion that since the petitioner has abused the complainant in respect of her caste in the presence of the employees of the nursing home which she is running, the staff working
therein can be said to be independent persons as far as offence under section 3 of SC/ ST Act is concerned. Therefore it is not fit case to quash the FIR. A, prima facie, case is made out. It does not fall within the parameters laid down by the Hon’ble Apex Court in the case of Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra, 2021 SCC Online 315, R.P. Kapur vs. State of Punjab, AIR 1960 SC 866 and State of Haryana vs. Bhajan Lal , 1992 Supp (1) SCC 335. Hence, the writ petition is dismissed being devoid of merit. Pending application also stands disposed of.
( S.K. Mish r a, J.) 0 3 .0 8 .2 0 2 2 (Grant certified copy as per Rules.) PV