JUDGMENT :- By this application under Section 482 of the Code of Criminal Procedure, the applicant seeks to quash Crime No.3086/ 2006 dated 9-3-2006 under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Section 323 of Indian Penal Code registered on the basis of the report lodged by respondent no.2 (hereinafter referred to as "the complainant") on 8-3-2006.

2. The applicant is a highly qualified person and is a State Cabinet Minister in Government of Maharashtra.

3. On 8-3-2006 the complainant lodged a report at P. S. Sadar (Nagpur) alleging therein that on 7-3-2006 around 3 p.m. he gave good wishes from his mobile to Mr. Sanjay Mukherjee (Collector, Nagpur) on the latter's birthday, from his mobile. The complainant expressed his desire to greet the Collector personally by offering flower bouquet. Thereupon the Collector replied that he may come to the office at 3.30 p.m. Accordingly the complainant went to the Collector Office and waited outside the chamber of the Collector. Around 3.30 p.m. the applicant came there. When the complainant wished him, the applicant asked the complainant as to how he had come there. The complainant replied that he had come there on private work. Thereafter the applicant entered the chamber of the Collector and the complainant waited outside the chamber. Around 4.30 or so when the complainant learnt that the Collector has come, he entered the chamber of the Collector with flower bouquet. At that time the applicant turned back and asked the complainant as to whether it was the birthday of the Collector. When the complainant replied in the affirmative, the applicant got enraged and gave two fist blows on the left shoulder of the complainant. The applicant also gave filthy abuses to the complainant. However, the complainant ignored it. The complainant gave flower bouquet to the Collector and wished him happy birthday. When the complainant was leaving the chamber, the applicant abused the complainant on caste and gave two fist blows on his chest. At that time S.D.O. Mrs. Asha Pathan, Deputy Collector Mr. Umesh Kale and 4-5 Deputy Collectors were present there. The applicant abused the complainant on caste and humiliated him though the applicant was knowing that the complainant is a member of Scheduled Caste.

4. The report further shows that around 9.30/10 p.m. he received a phone call from the Collector expressing excuse and apologized on behalf of the Minister (the applicant). Thereafter the complainant received a phone call from the applicant himself informing him that he was joking and apologized. The applicant also requested the complainant not to lodge report with the Police.

5. On the basis of the said report, Crime No.3086/2006 under Section 3(1)(x) of the Atrocities Act and 323 of I.P.C. was registered at P. S. Sadar (Nagpur) on 9-3-2006. According to the applicant his political rival Mr. Nitin Raut has set up his colleague for lodging false and malafide report against the applicant with intent to secure removal of the applicant from the ministry and to get himself accommodated. The applicant challenged registration of the said crime against him mainly on the ground that the report lodged by the complainant does not disclose any cognizable offence under the Atrocities Act.

6. I have heard Mr. A. M. Gordey, Advocate for the applicant, Mr. A. B. Choudhary, Public Prosecutor for respondent no.1/State and Mr. R. R. Paranjape, Advocate for respondent no.2/Complainant.

7. The learned counsel for the applicant submitted that in order to attract the provisions of Sections 3(1)(x) of the Atrocities Act, three conditions are required to be fulfilled. Firstly the insult or intimidation should be to a member of Scheduled Caste or Scheduled Tribe; secondly the insult or intimidation should be in any place within public view and thirdly the offender should not be a member of Scheduled Caste or Scheduled Tribe. Unless these three conditions are fulfilled

Click Here to Read the rest of this document