SUMIT SHARMA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Applicant has preferred this revision petition under Section 397 read with Section 401 of the Code of Criminal Procedure (hereinafter referred to as 'CrPC') against the order dated 16.12.2016 passed by Special Judge, SC/ST (Prevention of Atrocities) Act, 1989, Guna in Special Sessions Trial No. 128/2016, whereby the charges under Sections 294, 323 and 506-II of IPC & Section 3 (1) (r) (s) and Section 3(2) (va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for brevity, the 'Act') have been framed against the applicant.

(2.) Learned counsel for the applicant submitted that the trial Court has committed error while passing the order of framing of charge against the applicant under Section 3 (1) (r) (s) and Section 3(2) (va) of the Act because on the basis of allegation that the applicant called the complainant by "Sahariyawala", merely by calling a person by pronouncing the word of his caste name, no offence is made out under the Act. The charge under the above offence can be made only when there was intention to insult or humiliate by using caste name but in the present case reason of dispute is not the caste but is an illegal act of the complainant, who was having two ration cards with the same name, which is an offence, and it was the duty of the applicant to restrain the complainant to take the grain from his fair price shop.

(3.) Learned counsel for the State opposed the submissions made by learned counsel for the applicant and prayed for dismissal of the revision application.