LAWS(MPH)-1993-4-45

RATANLAL Vs. STATE OF M.P.

Decided On April 21, 1993
RATANLAL Appellant
V/S
STATE OF M.P. Respondents

JUDGEMENT

(1.) THIS revision is directed against the order of the learned Addl. Sessions Judge, Manasa dated 13.3.92 by which a charge under S. 3 (1) (x) of the Anusuchit Jati Tatha Anusuchit Janjati (Atyachar Nivaran) Adhiniyam, 1989 was framed.

(2.) THE short facts are thatJagdishchand son of Mangilal is a Khatik and as such belongs to scheduled caste. He presented a typed complaint dated 13.3.91 to police station Mandsaur alleging that the accused insulted him and humiliated, him by intentionally threatening him and using the word 'Kbatik' vis -a -vis the complainant. The learned Judge framed a charge stated above. It is contended on behalf of the petitioner that S. 3 (1) (x) requires that the utterances must have been made with clear intention of either humiliating or insulting the complainant by virtue of his belonging to a scheduled caste.

(3.) IN the result the revision is allowed and the charge is quashed. The case for other offences shall proceed and will be disposed of according to law.