SC/ST Act (Section 3(1)(s)) — “place within public view” — summoning order quashed in part. Complainant alleged caste-based abuse, assault and related acts occurring partly inside her house and partly outside; Trial Court summoned accused for offences under Sections 323, 504 IPC and s.3(1)(s) of the SC/ST (PoA) Act; High Court upheld summons. Supreme Court held that an essential ingredient of s.3(1)(s) — that abuse be made “in any place within public view” — was not made out on the face of the complaint where averments indicated the caste-based abuse occurred within the four corners of the complainant’s premises (not in public view). The Court quashed proceedings under s.3(1)(s) but declined to interfere with summoning on ordinary IPC counts; appellate interference confined to absence of prima facie case as to the statutory ingredient.

SC/ST Act (Section 3(1)(s)) — “place within public view” — summoning order quashed in part.
Complainant alleged caste-based abuse, assault and related acts occurring partly inside her house and partly outside; Trial Court summoned accused for offences under Sections 323, 504 IPC and s.3(1)(s) of the SC/ST (PoA) Act; High Court upheld summons. Supreme Court held that an essential ingredient of s.3(1)(s) — that abuse be made “in any place within public view” — was not made out on the face of the complaint where averments indicated the caste-based abuse occurred within the four corners of the complainant’s premises (not in public view). The Court quashed proceedings under s.3(1)(s) but declined to interfere with summoning on ordinary IPC counts; appellate interference confined to absence of prima facie case as to the statutory ingredient.

RATIO DECIDENDI

1. Section 3(1)(s) of the SC/ST (PoA) Act requires that caste-based abuse be uttered “in any place within public view”; where complaint and material on file do not aver that the abuse occurred in a location where members of public could witness/ hear it, the statutory ingredient of “public view” is not satisfied.

2. At summoning stage the court must examine the complaint prima facie; if an essential ingredient of the statutory offence is absent on the face of the complaint, the appellate court may quash the summoning order insofar as that statutory count is concerned without reopening factual credibility.

3. Appellate power to interfere with summoning orders must be exercised sparingly but will be used where, on a prima facie reading, the requisite ingredient of an offence is missing.

ISSUE → HOLDING → REASONS

ISSUE
Whether the offence under Section 3(1)(s) of the SC/ST (PoA) Act was made out on a prima facie basis where the complaint averred caste-based abuse primarily within the complainant’s house (and related incidents), and whether the High Court erred in refusing to quash the summoning order on that count.

HOLDING
Yes. The Supreme Court held that, on the face of the complaint, the element “in any place within public view” under s.3(1)(s) is not satisfied; accordingly, the summoning order is set aside insofar as proceedings under Section 3(1)(s) are concerned. Proceedings on the IPC counts (Sections 323 and 504) continue.

REASONS (condensed)
• Statutory meaning: “place within public view” requires the utterance to be in a location open to public observation/hearing; an occurrence confined within the four walls of a private residence ordinarily is not within public view (relying on prior decisions including Karuppudayar and Hitesh Verma).
• Factual matrix: the complaint and Section 156(3) material alleged that caste-based abuses were uttered inside the complainant’s premises; there was no specific averment that the abuse was made in a public place or exposed to public view.
• Summoning-stage standard: appellate courts should not probe credibility but must ensure essential elements of charged offences are prima facie pleaded; absent such elements, summoning for that statutory offence is unsustainable.
• Limited interference: Court exercised appellate power narrowly — quashing only the SC/ST Act count while permitting trial to proceed on remaining IPC charges.