Allowed

Tunna Singh @ Ripunjai Kumar Singh v. the State of Bihar

Patna HC11 Jan 2013CR. MISC./5476/2012

Case brief

AI extract

What is this about?

This order allowed a petition dismissing charges of caste-based insult and assault via telephone. The court set aside an order dismissing a discharge petition, ruling that telephone abuse did not meet the 'public view' requirement for the SC/ST Act and lacked the necessary assault element for the IPC charge. Petitioner acquitted.

What did the court decide?

The impugned order dismissing the petition for discharge is set aside.

Tunna Singh @ Ripunjai Kumar Singh Vs the State of Bihar — Caste Atrocities | Patna HC (2013)

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Patna High Court Cr.Misc. No.5476 of 2012 (4) dt.11-01-2013

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.5476 of 2012 ====================================================== Tunna Singh @ Ripunjai Kumar Singh, Son of Sri Rajendra Pd. Singh, Resident of Village + Police Station+District- Vaishali. .... .... Petitioner. Versus 1. The State of Bihar. 2. Yogesh Ram, S/o Sri Sudhan Ram, Resident of Village- Harnath Kundi, P.S. Udvantnagar, District- Bhojpur, A/P. A.S.I. Vaishali Police Station, Vaishali. .... .... Opposite Parties. ====================================================== Appearance : For the Petitioner. : Mr. Sunil Kumar, Advocate. For the State : Mr. Suresh Prasad Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 4 11-01-2013 Heard learned counsel for the petitioner and learned counsel for the State.

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This is a petition for quashing the order dated 18. 04.2011 passed by the Special judge, Vaishali at Hajipur, in connection with Vaishali Police Station Case No. 303 of 2008, G.R.No. 3815 of 2008/T.R. No. 372 of 2011, by which he dismissed the application filed by the petitioner for discharging him from the charge under Section 3 (x) SC. and ST Act as well as other offences and transfer the record to learned Chief Judicial Magistrate, Vaishali at Hajipur.

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However, F.I.R. has been lodged for offence under Sections 352, 353 and 504 of Indian Penal Code and Section 3(x) of SC/ST Act. The informant is the A.S.I and it is alleged that he

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Patna High Court Cr.Misc. No.5476 of 2012 (4) dt.11-01-2013

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received mobile call on his mobile from mobile no. 9313988103 and the person on the other side disclosed his name as Tunna Singh and it is alleged that he abused by calling his Harijan, Dushad and Chamar and threatened that if he will indulge in kurkijapati then he will shot to fire at the police station. However, Police after investigation submitted charge sheet and consequently cognizance was taken.

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Learned counsel for the petitioner however contends that petitioner summoned after taking cognizance filed petition for discharging him for the charge under Section 3(x) of SC and ST Act. It is further submitted that there is allegation of abuse by calling the caste name on telephone and hence it can well be inferred that abuse is not in full public view to attract the Section 3(x) of SC and ST Act. However, since the allegation about abuse or humiliation in full public view has not been made out hence offence under Section 3(x) of SC and ST act is not attracted. However allegation made does not make out offence under Section 353 I.P.C. as there is neither an assault nor criminal for alleged to have used as occurrence is on telephone and hence offence alleged is not made out either under Section 353 I.P.C.

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Having regard to the facts and circumstances of the case,

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Patna High Court Cr.Misc. No.5476 of 2012 (4) dt.11-01-2013

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received mobile call on mobile has not been made out for offence under Section 3(x) of SC and ST Act hence impugned order for dismissing the petition filed by the petitioner for discharging him for offence under Section 3(x) SC and ST and Section 353 I.P.C. is set aside. The petition is allowed.

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m.p.

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(Gopal Prasad, J)

Tunna Singh @ Ripunjai Kumar Singh v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Tunna Singh @ Ripunjai Kumar Singh v. the State of Bihar

Case brief

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What did the court decide?

What the court decided

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