The Court held that incidents must occur in public view for SC/ST Act offenses, and the term 'neech' does not qualify as caste-based abuse.

JUDGMENT :

SANDEEP SHAH, J.

1. Petitioner- an Associate Professor working at Indian Institute of Technology, Jodhpur has filed the present criminal miscellaneous petition with the following prayer:-

“A. It is, therefore, most respectfully prayed to this Hon’ble Court that the present misc. petition may kindly be allowed and the FIR No.118/2025 Dated 02.09.2025 registered at P.S. Karwar, District Jodhpur City East for offences under Section 121(1) & 132 of Bharatiya Nyay Sanhita. & 3(1)(r), 3(1)(s) & 3(2)(va) Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 and all further proceedings initiated thereto may kindly be quashed and set aside.

Factual Matrix:-

2. The brief facts of the case are that the complainant Ankur Gupta, Acting Registrar, IIT, Jodhpur lodged an FIR No.118/2025 registered at Police Station Karwar, District Jodhpur for the offences punishable under Sections 3(1)(r), 3(1)(s), and 3(2)(va) of SC/ST Act on 02.09.2025 while alleging therein that on 02.09.2025 at around 11.30 a.m., the present petitioner was in a discussion with the Director of IIT Jodhpur, Professor Sh. Avinash Agarwal at the Director’s Office at the 2^nd floor of the Western Administrative Wing (Chanakya Building) and at the relevant time Dr. Parag Deshpande, Head of Chemical Engineering Department and Dr. Neeraj Jain, Dean, Faculty Affairs were present in the office of the Director. It was alleged in the FIR that during the discussion, Dr. Deepak Arora present petitioner attempted a life threatening assault on the Director, Professor Mr. Avinash Agarwal and also physically attacked him. In retaliation and in self defence, the Director, Professor Mr. Avinash Agarwal caught both the hands of the petitioner, upon which the petitioner kicked the Director and obstructed the exit to ensure that the Director does not leave the office. It has further been alleged that due to the kick caused by the petitioner, the Director, Professor Mr. Avinash Agarwal suffered an injury on his right foot. The FIR further narrates that some other officers working under the Director came to intervene in the Director’s Office, upon which, the petitioner started assaulting them also and even abused Mr. Vivek Gautam using caste based slurs and even called him ‘neech’. The petitioner further started abusing Mr. Vivek Gautam and threatened him with dire consequences and further stated that the family members of Mr. Vivek Gautam will be killed. It was further stated in the FIR that Mr. Vivek Gautam sustained an injury on his right hand due to assault made by the petitioner. Finally the request was made for initiating appropriate proc