The main legal point established in the judgment is the court's interpretation and application of the legal provisions under the Indian Penal Code and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, in determining the validity of the criminal proceeding against the petitioner.

JUDGMENT :

S. K. SAHOO, J.

1. "Caste has killed public sprit. Caste has destroyed the sense of public charity. Caste has made public opinion impossible. Virtue has become caste ridden and morality has become caste-bound. Caste is a state of mind. It is a disease of mind. The teachings of the Hindu religion are the root cause of this disease. We practice casteism and we observe untouchability because we are enjoined to do so by the Hindu religion. A bitter thing cannot be made sweet. The taste of anything can be changed. But poison cannot be changed into nectar."

Bharat Ratna Dr. Bhimrao Ramji Ambedkar The petitioner Lakshmi Narayan Das is the retired District Inspector of Schools, Aska and he has knocked at the portals of this Court in challenging the order dated 16.01.2010 of the learned J.M.F.C., Aska passed in G.R. Case No.156 of 2008 in taking cognizance of offences under section 294 of the Indian Penal Code and section 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereafter 1989 Act') and issuance of process against him. The said case arises out of Aska P.S. Case No.109 of 2008.

2. On 30.04.2008 Smt. Ahalya Patra and others lodged the first information report before theInspector in charge of Aska police station alleging therein that on that day at about 11.00 a.m. while they along with other Sikshya Sahayaks met the petitioner in his office and asked him as to whether he had been to meet the Director of Odisha Primary Education Programme Authority (hereafter 'OPEPA'), the petitioner all on a sudden got frowned and abused the informants and their companions in filthy language such as, "you are low caste people, Hadi, Pana, Dhoba and one would not get food if he looks at you. We are Brahmin by caste and we have to change our sacred thread if we touch you". So saying, the petitioner spitted for two to three times and further told "you and your husband Maghia, Sala. You are doing politics and your future would be ruined. Nobody including no police station, Court and even the Education Department can do anything and your lives would be finished with the help of goondas". It is further stated in the first information report that on many occasions, the informants and others had met the petitioner who told them to meet him alone separately in his house and after he would be satisfied financially as well as physically, he would do the needful. The petitioner demanded Rs.1,500/- from each of the Sikshya Sahayaks even though they appealed before him that they are poor persons and would not be in a position to arrange money and requested him to complete the formalities. The petitioner did not pay any heed to the request of the informants rather made false allegation against them and threatened them to see that they would not be able to undergo training. The petitioner told that since the informants did not fulfill his demand, he would not do any of their works so long as he was holding the post of District Inspector of Schools and that he has got connection with political leaders and he would see who would help them. The petitioner further told the informants that he would institute false criminal cases and the informants would be sent to jail and no Scheduled Caste and Scheduled Tribe leader would save them and if contingency arises, he would make their service files go 'missing'.

On the basis of such first information report, Aska P.S. Case No.109 of 2008 was registered under sections 294, 506 of the Indian Penal Code and section 3(1)(x) of 1989 Act. After registration of the case by the Inspector in charge of Aska police station, Sub-Inspector of Police P.K. Sahu was entrusted with investigation of the case. He examined the informants, visited the spot which was the office of D.I. of Schools situated at Niranjan Nagar, Aska. On 15.05.2008 Sri B.P. Dehury, Deputy Superintendent of police, Aska took up investigation of the case as per the official order of the Superintendent of Police, Gan