1 / 6 926.apl549.2024 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APL) NO. 549 OF 2024 Dnyneshwar s/o Tukaram Lakhe Vs. State of Maharashtra, Thru. PS Jalalkheda, Dist. Nagpur and anr. ---------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders. or directions and Registrar's orders. ---------------------------------------------------------------------------------------------- Mr. K.Y. Mandpe, Advocate for Applicant. Mr. M.J. Khan, APP for Non-applicant No.1/State. Ms. S.H. Bhagat, Advocate (Appointed) for Non-applicant No.2. CORAM : URMILA JOSHI PHALKE, AND PRAVIN S. PATIL, JJ. DATE : 04.12.2025 The present Application is preferred by the Applicant under Section 482 of the Code of Criminal Procedure for quashing of the First Information Report in connection with Crime No.476/2022 registered under Section 509 of the Indian Penal Code and Section 3(1)(r), 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Atrocities of Prevention) Act, 1989 (for short “Act of 1989”) and the consequent proceeding arising out of the same in Special Criminal Case No.71/2023. Prity 2 / 6 926.apl549.2024 2. The crime is registered on the basis of the report lodged by the informant on an allegation that on 19.12.2022 at about 5:30 p.m. when she had been to weekly market, the present Applicant has used humiliating words to her and thereby insulted and humiliated her though he was aware that she belongs to the ‘Gond’ community by using words "fcuk uo&;kP;k ck;dk esacj curs- ikp o”kZ tkexkokrp jkgf’ky dk;\ xkopkp uojk ikgq.k ?ks o ikp o”kZ bFksp jkgk\ R;koj Hkkthokyk Eg.kkyk dh rqeps rqEgh ikgk- ekyk dkgh lkaxq udk vls EgVys vlrk Kkus’oj yk[ks gk rsFkqu fu?kqu xsyk- eh usgeh cktkjkr tkr vlY;kus Hkkthikyk ;kl vksG[kr ukgh- eh Hkkthikyk ?ksryk o ?kjh fu?kqu vkyh- R;kuarj eh vkiys ?kjh xsyh o vkbZ] oMhykyk ojhy ?kMysyh ?kVuk lkaxhryh." On the basis of the said report, Police have registered the crime against the present Applicant. 3. Heard learned counsel for the Applicant, who submitted that even accepting the allegation as it is, there is no single whisper in the FIR or the subsequent statements of the Informant that in what manner she was humiliated and insulted by the present Applicant. Merely, because she belongs to ‘Gond’ community there was any exchange of the words between the applicant and non-applicant No.2, no offence is made out against him as far as the offences under Section 509 of IPC and the Act of Prity 3 / 6 926.apl549.2024 1989 are concerned. Merely, because she belongs to the Scheduled Caste is not sufficient to attract the offence. In view of that, the application deserves to be allowed. 4. Learned APP and learned counsel for the Informant strongly opposed the said application and submitted that though the Applicant was knowing that the victim belongs to the Scheduled Castes and Scheduled Tribes, the words uttered by the applicant are "fcuk uo&;kP;k ck;dk esacj curs- ikp o”kZ tkexkokrp jkgf’ky dk;\ xkopkp uojk ikgq.k ?ks o ikp o”kZ bFksp jkgk\ R;koj Hkkthokyk Eg.kkyk dh rqeps rqEgh ikgk" which shows that she was insulted and humiliated within the public view, and therefore, the application deserves to be rejected. 5. On hearing both the sides and on perusal of the recitals of the FIR and the entire charge-sheet, it reveals that the Applicant has used the words "fcuk uo&;kP;k ck;dk esacj curs- ikp o”kZ tkexkokrp jkgf’ky dk;\ xkopkp uojk ikgq.k ?ks o ikp o”kZ bFksp jkgk\ R;koj Hkkthokyk Eg.kkyk dh rqeps rqEgh ikgk" and thereby humiliated her. 6. The basic ingredients to constitute the offence under Section 3(1)(r) of the Act of 1989 are: Prity 4 / 6 926.apl549.2024 “(a) Accused person must not be a member of the Scheduled Caste or Scheduled Tribe; (b) Accused must intentionally insult or intimidate a member of a Scheduled Caste or Scheduled Tribe; (c) Accused must do so with the intent to humiliate such person; and (d) Accused must do so at any place within public view.” 7. The Hon’ble Apex Court in the case of Shajan Skaria Vs. The State Of Kerala & Anr. in Criminal Appeal No.2622 of 2024 (arising out of SLP (CRL.) No.8081 of 2023) decided on 23.08.2024, wherein the Hon’ble Apex Court has considered the ingredients of the offence committed under Section 3(1)(r) of the Atrocities Act. It is held by the Hon’ble Apex Court that all insults or intimidations to a member of the Scheduled Caste or Scheduled Tribe will not amount to an offence under the Act of 1989 unless such insult or intimidation is on the ground that the victim belongs to Scheduled Caste or Scheduled Tribe. The various decisions which are considered by the Hon’ble Apex Court and it is further held that the purport of the Act of 1989 that every act of intentional insult or intimidation meted by a person who is not a member of a Scheduled Caste or Scheduled Tribe to a person who Prity 5 / 6 926.apl549.2024 belongs to a Scheduled Caste or Scheduled Tribe would not attract Section 3(1)(r) of the Act of 1989 merely because it is committed against a person who happens to be a member of a Scheduled Caste or Scheduled Tribe. On the contrary, Section 3(1)(r) of the Act of 1989 is attracted where the reason for the intentional insult or intimidation is that the person who is subjected to it belongs to a Scheduled Caste or Scheduled Tribe because the object behind the enactment of the Act of 1989 was to provide a stringent provisions for punishment of offences which are targeted towards the person belonging to Schedule Caste/Scheduled Tribes communities for the reason of their caste status. 8. In view of the above observation of the Hon’ble Apex Court if the statements of witnesses are taken into consideration no prima facie case is made out against the present Applicant, and therefore, the Application deserves to be allowed. Accordingly, we proceed to pass the following order: O R D E R i. The Application is allowed. Prity 6 / 6 926.apl549.2024 ii. The First Information Report in connection with Crime No.476/2022 registered under Section 509 of the Indian Penal Code and Section 3(1)(r), 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Atrocities of Prevention) Act, 1989 and the consequent proceeding arising out of the same bearing Special Criminal Case No.71/2023, is hereby quashed and set aside to the extent of the present Applicant. iii. Fees of the Appointed Counsel be quantified as per rules. (PRAVIN S. PATIL, J.) (URMILA JOSHI PHALKE, J.) Prity