Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:7580
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 206 of 2025 1 - Vikram Yadav S/o Shri Sadhuram Yadav Aged About 23 Years R/o Vishangarh , Jaipur (Rajasthan), Presentaly R/o Near Eklavya School, Dharamjaigarh District - Raigarh (C.G.).
... Applicant(s) versus 1 - State Of Chhattisgarh Through Station House Officer (S.H.O.), P.S. - Dharamjaigarh District - Raigarh (C.G.).
... Respondent(s) For Applicant(s) : Mr. Ashutosh Biswas, Advocate For Respondent(s) :
Hon’ble Shri Justice Arvind Kumar Verma, Judge
Order on Board 12/02/2025
1. The present Criminal Revision is filed by the applicant under Section 438 read with Section 442 of BNSS, 2023 against the
order dated 10.01.2025 passed by learned Special Judge (Atrocities Act), Raigarh (C.G.), whereby the learned Special
2 Judge has framed the charges under Section 296,351(2), 351(3) of BNS and Seciton 75, 82 of Juvenile Justice Act and Section 3(2)(v-a), 3(1)(r) of STSC Act. 2. Brief facts of the case is that on 08.08.2024 a complaint was made and the FIR was registered against the applicant at police station Dharamjaigarh where the case was registered under Section 296, 351(2), 351(3) of BNS and Seciton 75, 82 of Juvenile Justice Act and Section 3(2)(v-a), 3(1)(r) of STSC Act. It was alleged that the applicant who is a teacher at Eklavya School, Dharamjaigarh, District-Raigarh, where it is alleged that being a teacher, he has been beaten, scolded and abused the victim student using obscene words while threatening him, for not being able to translate from Sanskrit to Hindi & the victim for getting only 2.5% marks. The student was scared and traumatized from the scolding of the teacher and for the same a written report was lodged by one journalist as the parents of the victim are not literate. The petitioner was arrested and has been granted bail by this Hon’ble High Court in CRA No. 1618/2024 dated 27.09.2024. 3. Learned counsel for the applicant contended that the applicant is currently appointed in a government job and he is a Sanskrit teacher in Eklavya School and the students were given homework collectively by him in which the student failed to complete and submit the homework. He further contended that there is no basis of the complaint and other material collected by the investigating agency on the face of the material, no prima-facie offence is
3 constituted and the essential ingredients to constitute the offence under Section 3 of the SC/ST Act are missing and therefore the registration of charges needs to be quashed. 4. Learned Counsel for the State contended that the trial court has framed the aforesaid charges keeping in mind the facts of the case. Therefore, the order dated 10.01.2025 is not illegal and does not suffer any illegality. 5. I have heard learned counsel for the respective parties and perused the record with utmost circumspection. 6.
Perusal of record would show that the complainant appeared in the police station on 08.08.24 and lodged a report that his minor son, aged about 13 years, is studying in Class 8th and is living in hostel in Eklavya School, Dharamjaigarh. The incident happened on 01.08.24 when his minor son called the complainant at around 06:00 in the evening and informed that at around 03:00 in the afternoon, the Sanskrit teacher Vikram Yadav of Eklavya School asked him to translate Sanskrit to Hindi and when he failed to give him the answer in the class, the teacher Vikram Yadav started abusing him in filthy language and threatened to kill him by holding both his hands above his shoulders, picked him up and threw him down on the floor due to which he got injuries in his both knees. On the basis of the complainant's report, the crime was registered and the investigation took place. 7. The trial court has framed the charges under Section 296 of BNS, 2023 as the applicant has uttered obscene words in the public
4 place. The trial court has framed the charges under Section 351(3) of BNS as the applicant has threatened the victim to kill him. The trial court has framed the charges under Section 115(2) of BNS, 2023 as the applicant has voluntarily caused hurt to the victim. The trial court has framed the charges under Section 75 of Juvenile Justice Act, 2015 as the applicant has assaulted the victim. The trial court has framed the charges under Section 82 of Juvenile Justice Act, 2015 as the applicant with the aim of disciplining the victim, has subjected him to a corporal punishment. The trial court has framed the charges under Sections 3(1)(s), 3(1)(r) and 3(2)(v-a) of SC & ST (Prevention of Atrocities) Act as the applicant has intentionally insults the victim who is a member of scheduled tribe at a public place. 8.
Looking to the facts and circumstances of the case, perusing the medical report of the victim, this Court is of the considered opinion that the charges framed by the trial court are true and correct and based upon the facts and circumstances of the case. Therefore, there is no illegality or perversity or jurisdictional error in the charges framed by the trial court against the present applicant. 9. Hence, the present Criminal revision is hereby dismissed on merits. Sd/-
(Arvind Kumar Verma)
JUDGE Madhurima