ORDER :

(J.C. DOSHI, J.)

1. Rule returnable forthwith. Learned APP waives service of rule for respondent No.1 – State and learned advocate Mr.Minhaj Shaikh waives service of rule for respondent No.2.

2. At the outset, learned advocate Mr.Mirza submits that the petitioners have not pressed the present petition insofar as offences punishable under Sections 323, 324, 504, 506 (2) and 114 of IPC are concerned and the same is recorded by the coordinate Bench of this Court vide order dated 16.09.2019. Hence, the petitioners press this petition only qua offences punishable under Section 3(2)(va) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short “Atrocities Act”).

3. Referring to the FIR, learned advocate Mr.Mirza would submit that the alleged offence did not take place within public domain. He would further submit that on plain reading of FIR, it does not indicate that the first informant has mentioned in FIR that he belongs to a particular caste i.e. Scheduled Caster or Scheduled Tribe and having knowledge of the same, the accused has abused him and insulted him for the caste. Therefore, since ingredients of offence under Section 3(2)(va) of the Atro