ROSAMMA THOMAS Vs. CIRCLE INSPECTOR OF POLICE TRIPUNITHURA

JUDGEMENT

(1.) This petition is filed by the accused in crime No. 39/95 registered by Panangad police alleging offence punishable under S.3(1)(x) of the Scheduled Castes & the Scheduled Tribes (Prevention of Atrocities) Act, 1989 to quash the F.I.R. under S.482 of the Code of Criminal Procedure.

(2.) The crime is registered against the petitioners on the basis of the complaint filed by the third respondent before the Circle Inspector of Police, Tripunithura and forwarded by him to the Sub Inspector of Police, Panangad for appropriate action. The allegation made against the petitioners is that the petitioners who do not belong to the scheduled caste or scheduled tribe with intent to insult and humiliate the third respondent who is a member of scheduled tribe have abused him by calling him scheduled tribe name FSm ]«n, ae Acb Nnw]³kn in public view and thereby they have committed the offence under S.3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act.

(3.) The petitioners have filed this petition to quash the F.I.R. alleging that the third respondent does not belong to scheduled tribe and that no ingredients of the offence punishable under S.3(1)(x) of the Act is alleged in the F.I. statement and that mere calling the caste name or the tribal name will not constitute an offence punishable under S.3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.