ORDER :

The petitioner is before this Court calling in question registration of crime in Crime No.115 of 2020 for offences punishable under Sections 506, 504, 143, 147, 149, 323, 324 and 363 of the Indian Penal Code, 1860 and has sought quashment of the charge sheet filed for offences punishable under Sections 143, 147, 323, 324, 365, 504, 506 r/w 149 of IPC, Section 3(1)(r) & 3(1)(s) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (‘the Act’ for short) and also called in question consequential order of taking cognizance for the aforesaid offences in the charge sheet.

2. Heard Sri Jaysham Jayasimha Rao, learned counsel appearing for the petitioner and Smt. K.P.Yashodha, learned High Court Government Pleader appearing for respondent No.1. Respondent No.2/complainant though served remained unrepresented throughout these proceedings.

3. Shorn of unnecessary details, the facts as projected by the prosecution are as follows :-

A complaint comes to be registered by the 2nd respondent on 14-06-2020 alleging that the petitioner along with others had indulged in certain acts which would become punishable under Sections 506, 504, 143, 147, 149, 323, 324 and 363 of the IPC. Though the complaint was that certain abuses were made against the son of the 2nd respondent, the FIR comes to be registered only for offences punishable under the IPC as afore-quoted. The background to the allegation is a game of cricket. The son of the complainant and the petitioner along with their friends had played cricket match in which the son of the complainant and his team had lost the match, due to which, some altercations took place between the petitioner and the son of the complainant and his friends. Several allegations are made to the effect that the son of the complainant was taken away and beaten. It is in that light the FIR comes to be registered against the petitioner and one Punit. The Police conduct investigation, record statements of several persons who during their statements have revealed that certain abuses in filthy language were made by the petitioner and others on the son of the 2nd respondent and others. Based upon those statements a charge sheet comes to be filed including the offences punishable under the Act. The learned Sessions Judge in terms of his order dated 01-03-2021 takes cognizance of the offences so alleged in the charge sheet and registers as Special Case No.55 of 2021 for offences punishable under Sections 143, 147, 323, 324, 365, 504, 506 r/w 149 of IPC and Section 3(1)(r) & (s) of the Act. It is this order of taking cognizance that drives the petitioner to this Court in the subject petition.

4. The learned counsel appearing for the petitioner would contend with vehemence that there was no hurling of abuses as is alleged and all the allegations sprang because of a game of cricket that has gone wrong previous day. The complaint comes to be registered initially for offences punishable under the IPC. While recording statements, it appears that several players in the game had made statements before the Investigating Officer that there were abuses hurled while the game was being played and, therefore, the offences under the Act are included. He would submit that mere hurling of abuses without any intention to insult or make casteist remarks would not become an offence under the Act. He would further contend that the entire investigation conducted qua the Act is in violation of Rule 7 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995 (‘the Rules’ for short).

5. On the other hand, the learned High Court Government Pleader appearing for the 1st respondent would vehemently refute the submissions to contend that hurling of abuses is proved. Merely because there was rivalry between the son of the complainant and the petitioner and his friends which arose out of cricket match it cannot be made a tool for quashment of the proceedings under Section 482 of the Cr.P.C. She w