In this criminal revision petition under the SC/ST Act, the High Court of Rajasthan dismissed the appeal against the framing of charges relating to caste-oriented abuse on social media, holding no illegality or perversity.
Petition dismissed; stay application also dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
(1 of 2)
[2024:RJ-JD:17532]
[CRLR-166/2024]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Revision Petition No. 166/2024
Narpat Singh S/o Shri Bhawani Singh, Aged About 29 Years, R/o Village Udavas, P.s. Jhunjhunu Sadar, Tehsil And Dist. Jhunjhunu (Rajasthan).
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Bharat Singh Rathore For Respondent(s) : Mr. Aneesh Bhurat, PP assisted by Mr. C.P. Marwan, AGA
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
23/04/2024
The instant criminal revision petition has been filed by the petitioner against the order dated 16.12.2023 passed by learned Special Judge, SC/ST (Prevention of Atrocities Cases) Act, Churu in Sessions Case No.170/2021 whereby the learned trial Court framed the charges against the petitioners for offence under Sections 3(1)(r)(s) of SC/ST Act.
Counsel for the petitioner submits that the learned trial court has not considered any material aspect of the matter while framing the charges against the petitioner. Counsel further submits that the petitioner has neither abused nor insulted the complainant or any other person belonging to SC/ST by using
[2024:RJ-JD:17532]
[CRLR-166/2024]
(2 of 2)
caste oriented slurs. It is also stated that the use of facebook or any other social media platform has not been verified by the Police. In view of the above facts, offences under Sections 3(1)(r) (s) of SC/ST Act is not at all been made out against the petitioner, therefore, the order of framing charges against the petitioner may be quashed and set aside.
Learned Public Prosecutor has opposed the prayer made by the counsel for the petitioner.
Heard learned counsel for the parties and perused the impugned order as well as carefully gone through the material available on record.
According to the screenshot of mobile of accused-petitioner and as per the statements of witnesses, it is found that the petitioner uploaded various posts for insulting the community of SC/ST and the charges have rightly been framed against the petitioner. In these circumstances, no illegal and perversity is made out in the impugned order passed by the trial court.
Hence, the revision petition is hereby dismissed. The stay application also stands dismissed.
(MANOJ KUMAR GARG),J
18- Arjun/-
1 issue framed by the court
Whether the trial court correctly framed charges against the petitioner for uploading caste-ori ented insulting posts on social media under Sections 3(1)(r)(s) of the SC/ST Act.
1 provisions across 1 enactments
Narpat Singh
State Of Rajasthan
Bhaira Ram
Manoj Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
