The Uttarakhand High Court has quashed an FIR registered against the Police Officials after noting that the Sessions Judge erred by straightaway directing the lodging of an FIR against the police for dereliction of duties under Section 4 of the Scheduled Castes and Scheduled Tribes Act (Prevention of Atrocities) Act, 1989 (SC/ST Act) without ordering an administrative enquiry.

The High Court was considering an application filed by the applicants seeking the quashing of an order directing registration of an FIR under Section 4 of the Scheduled Castes and Scheduled Tribes Act (Prevention of Atrocities) Act, 1989.

The Single Bench of Justice Alok Mahra held, “Considering the submissions of learned counsel for the parties and perusing the material available on record, this Court is of the opinion that in the present case, the learned Session Judge erred by straightaway directing for lodging of FIR under Section 4 of SCST Act against the applicants, who are public servants in violation of proviso to Section 4(2) of the SCST Act. Hence, the applicants deserve to be acquitted of the charges for the said offence. In such circumstances, allowing the criminal proceedings to continue against the applicants would be an abuse of the process of law.”

As per the proviso to Section 4(2) of the SC/ST Act, the charges against the public servant have to be booked on the recommendation of an administrative enquiry.

Advocate Lalit Sharma represented the applicant, while Additional Government Advocate Akshay Latwal represented the Respondent.

Factual Background

A complaint was filed by the second respondent alleging that one Girish Chandra Tiwari hurled caste-related abuse and also got into a physical altercation with her. She therefore made a complaint before the Police, but the Police did not register the same. Thereafter, she preferred an application under Section 156(3) of the CrPC, which was registered as a Complaint Case but was dismissed in default by the Court. Subsequently, a fresh petition was filed under Section 156(3) Cr.P.C. by the respondent and by the impugned order, the District and Session Judge directed the Police to lodge an FIR against one Girish Chandra Tiwari under Sections 3(2)(v) of SCST Act and Sections 452, 323, 354, 504 and 506 of IPC. Considering that the applicants, at the relevant point of time, were serving as Circle Officer and Station House Officer, Mukhani, the Court directed that an FIR be lodged against them under Section 4 of the SC/ST Act.

Arguments

It was the case of the applicant that, as per the proviso to sub-section 2 of Section 4 of the SC/ST Act, before lodging of the FIR against the public servant, a recommendation of an administrative inquiry is a sine qua non. It was further submitted that in the absence of any administrative inquiry, the Magistrate/Session Judge concerned cannot direct the lodging of an FIR under Section 4 of the Act against a public servant for dereliction of duties.

Reasoning

On a perusal of the facts of the case, the Bench held that the Session Judge erred by straightaway directing the lodging of FIR under Section 4 of the SC/ST Act against the applicants.

Holding that the applicants deserved to be acquitted of the charges for the said offence, the Bench held, “Therefore, this Court is of the considered view that it is a fit case to exercise its inherent jurisdiction under Section 482 Cr.P.C. to secure the ends of justice.”

Thus, allowing the application, the Bench quashed the order insofar as it related to the direction for the registration of FIR against the applicants.

Cause Title: Bhupendra Singh v. State of Uttarakhand (Case No.: Criminal Misc. Application No. 1080 of 2024)

Appearance

Applicant: Advocates Lalit Sharma, K.K. Tiwari

Respondent: Additional Government Advocate Akshay Latwal

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Uttarakhand High Court

Tulip Kanth

Assistant Editor

Tulip Kanth is an Assistant Editor at Verdictum having over 5 years of experience in the field of legal journalism and editing. She extensively covers judgments of the Supreme Court, High Courts as well as Tribunals. She has previously worked with a legal publishing website where she oversaw the work of other editors and has also created updates on notifications of different Government Ministries. She holds an English Honours Degree from SGTB Khalsa College, Delhi University and has completed her LLB course with specialisation in Corporate Law from Amity University.