KARANSINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is an application under S.482 of the Code of Criminal Code for quashing the investigation started on a First Information Report on a charge under S.3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'the Atrocities Act'), as also for grant of Ad Interim Anticipatory Bail.

(2.) In the F.I.R. lodged by one Rama s/o Chhitar Bhil it is alleged that on 27-6-1991 the complainant along with Morsingh, Dhannalal, Nathu, Sama Bhil, resident of village Gularziri went for fishing in a tank in the village Nai Baroda at about 8.00 p.m. While they were fishing at about 11.00 O'Clock in the night, Karasingh, Vijay, Munnalal, Babloo and another Karansingh Deshwali came on the spot and abused them, challenged them to come out, asking them their identity. They also threatened the complainant party not to try the escape else they would kill them. To threaten the complainant party, the accused party also fired in the air. On this, the complainant party told them that they were residents of Gularziri and had come for fishing. On this, the accused party exclaimed that these are 'Bhilalas' (Bhilade). According to the F.I.R, the accused persons caught hold of the complainant party and took them forcibly to the place of the accused persons. There they were tied with a rope and were assaulted. When they were released, at the instance of Sarpanch Karansingh of Gularaziri, they went to their homes and thereafter reported the matter. On this F.I.R. the police registered the crime under Sections 17, 148, 342, 504, 506, 323 of the Indian Penal Code and 3(1)(x) of the Atrocities Act, 89.

(3.) The applicants herein, who are the accused-persons in the F.I.R. have challenged the registration of a crime under S. 3(1)(x) of the Atrocities Act, 89. The aforesaid Section is reproduced hereunder for ready reference :-