Point of Law: Section 3(1)(r) of the SC and ST Act makes it manifest that mere insult or intimidation with an intention to humiliate a member of Scheduled Caste or Scheduled Tribe by itself is not made an offence. Only when the said insult or intimidation is made in any place within the public view, then only it was made an offence.

ORDER:

1. This Criminal Petition under Section 482 of the Code of Criminal Procedure, 1973 (for short “Cr.P.C.”) is filed seeking quash of charge sheet in Spl.S.C.No.15 of 2021 on the file of the learned VIII Additional District and Sessions Judge cum Special Court for S.C and S.T Atrocities Cases, Eluru, West Godavari District.

2. Heard learned counsel for the petitioners and learned Additional Public Prosecutor appearing for the 1st respondent/ State. Notice issued to the 2nd respondent/de facto complainant returned with endorsement ‘item returned refused’. Therefore, it is evident that despite service of notice, the 2nd respondent did not turn up for hearing in this Criminal Petition.

3. The petitioners are A-1 to A-3 in Spl.S.C.No.15 of 2021 on the file of the learned VIII Additional District and Sessions Judge cum Special Court for S.C and S.T Atrocities Cases, Eluru, West Godavari District. The 2nd respondent, who is the de facto complainant, lodged a report with police stating that he belongs to Scheduled Caste and on 12.12.2018 that his marriage with the daughter of A-1 and A-2 was performed and it was an inter-caste marriage. The third accused is the son of A-1 and A-2 and A-1 to A-3 belong to BC-B caste. It is stated that the petitioners, who are A-1 to A-3, have harassed the de facto complainant from the inception of the marriage saying that the de facto complainant belongs to an inferior community. It is stated that on several occasions, the petitioners have insulted the de facto complainant in the name of his caste. According to the de facto complainant the incidents took place inside house. The said report lodged by the de facto complainant was initially registered as a case in Crime 246 of 2019 of Mummidivaram Police Station, East Godavari District, for the offence punishable under Section 3(1)(r)(s) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (for short “SC and ST Act”), which was subsequently transferred to Eluru II Town Police Station. Eventually after completion of investigation, the Investigating Officer has filed the charge sheet in the trial Court. The said case is now pending before the trial Court.

4. Learned counsel for the petitioners would submit that even as per the allegations set out in the F.I.R, the alleged insult said to have been made by the petitioners against the de facto complainant in the name of his caste took place only within the four corners of the house and it has not taken place in public view and as such the facts of the case do not constitute any offence punishable under Section 3(1)(r)(s) of the Act. Therefore, he would pray for quash of the charge sheet filed against the petitioners. In support of his contention, he relied on the judgment of the Apex Court in the case of Hitesh Verma V. the State of Uttarakhand, (2020) 10 SCC 710 wherein it is held that insult made in the name of the caste which is not in the public view do not constitute any such offence under the provisions of the SC and ST Act.

5. Learned Additional Public Prosecutor opposed the Criminal Petition. He would submit that there are clear allegations in the F.I.R to show that the petitioners have several times insulted the de facto complainant in the name of his caste and the said allegations clearly constitute an offence punishable under Section 3(1)(r)(s) of the SC and ST Act.

6. In order to appreciate the above rival contentions of both the parties, it is apposite to extract Section 3(1)(r) and 3(1)(s) of the SC and ST Act for which the petitioners are being prosecuted and they are read as follows:

Section 3(1)(r):

Intentionally insults or intimidates with intent to humiliate a member of a Scheduled Caste or a Scheduled Tribe in any place within public view;

Section 3(1)(s):

abuses any member of a Scheduled Caste or a Scheduled Tribe by caste name in any place within public view;

7. A reading of above Section 3(1)(r) of the SC and ST Act makes it manifest that mere insult or intimidatio