11. In the present case, charge for the offence under section 506 of the
IPC was framed by the Ld. Trial Court on 17.11.2016. Protest Petition was filed by
the complainant on 15.09.2017. Basic contention made by the complainant in her
Protest Petition was that the offence under section 3(1) (x) of the SC / ST (POA)
Act was made out but the IO / ACP had erroneously dropped the same. Under
section 14 of the SC / ST (POA) Act (prior to amendment), Court of Sessions was
made a Special Court to try offences under the said Act. Keeping in view the law
laid down in the case of Swaran Singh & Ors Vs State & Anr (supra) and the
provisions of section 14 of the SC / ST (POA) Act, it would have been appropriate
in the facts and circumstances of this case for the Ld. Trial Court to have made
over the Protest Petition to the Special Court constituted under section 14 of the
said Act.
In view of discussions made hereinabove, the judgment in
case of Swaran Singh and Ors. Vs State Through Standing
Council and Anr. (supra) is not applicable and the Trial Court
has not committed any error as the order cannot be considered as
perverse or illegal, therefore, instant leave to appeal sans merits
and liable to be dismissed.
10.1) As per the contents of F.I.R., the allegations of abusing the
Respondent No.2 on his caste were within the four walls of his cow shade
and therefore in view of the decision in the case of Swaran Singh and Others
Vs. State Through Standing Counsel and Anr (supra), it cannot be said to be
a place within the public view, as none of the said witness present at the
scene of offence, was an independent witness.
11. On perusal of the complaint dated 28.02.2019, it may be
transpired that there is allegation against the petitioner of abuse or
6
unparliamentary word against the informant. The allegation is also there
that 25-30 persons have seen the occurrence. In the F.I.R there is no
disclosure of caste of this informant and petitioner. The informant has
disclosed his caste himself and the caste of this petitioner has not been
disclosed. In the enquiry report brought on the record, certain allegation
made against the informant have been found to be true. So far the public
view is concerned, that has been considered by the Hon'ble Supreme
Court in the case of "Swaran Singh And Others v. State Through Standing
Counsel and Another" (supra) and in paragraph 28, it has also been held
that if the remark is made inside the building but some persons of the
public are there, then also it would be an offence within public view.
Thus, the petitioner has not made out the case on the point of public
view.