LI Network
Published on: November 14, 2023 at 12:16 IST
The Madhya Pradesh High Court, Jabalpur bench, has recently dismissed criminal proceedings against the accused who allegedly abused an individual with the caste name ‘Chamar’ in a school staffroom.
Justice Vishal Dhagat, on the single-judge bench, determined that the abuses, though offensive, were not committed in a public place, thus negating charges under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 [SC & ST (POA) Act].
The court clarified that the staffroom, being a non-public space with restricted access, does not qualify as a public place. Therefore, offenses under Section 3(1)(x) of the SC & ST (POA) Act, which requires a public view, were not applicable to the petitioners.
The judgment reasoned that common citizens lack access to a staffroom without school permission, reinforcing the notion that it cannot be considered a public place.
The court also concluded that Section 294 IPC (Obscene Acts and Songs) did not apply, as the staffroom was not a public setting.
Despite allegations of targeting the complainant’s reputation, the court noted that the complaint did not establish that the petitioner felt alarmed due to the abuses, leading to the decision that Section 506 of IPC (Criminal Intimidation) was not applicable.
Consequently, the court quashed criminal proceedings initiated in 2010 against the accused before the Chief Judicial Magistrate, Shahdol District, for offenses under Sections 294, 506(II) of IPC & 3(1)(x) of SC & ST (POA) Act.
Case Title: Ashutosh Tiwari & Anr v. State of Madhya Pradesh & Anr
