JUDGMENT

Dr. S. Muralidhar, CJ. - The challenge in the present petition is to an order dated 20th January, 2017 passed by the learned Additional Sessions Judge (ASJ), Karanjia in Criminal Revision No.11 of 2013 declining to interfere with an order dated 6th December, 2012 passed by the S.D.J.M., Karanjia in not taking cognizance against the Opposite Party-Accused for the offence under Section 3(1)(x) of the SC and ST (POA) Act, 1989.

2. As noticed by the learned ASJ under 3(1)(x) of the SC and ST (POA) Act whoever not being a member of Schedule Caste (SC) or a Schedule Tribe (ST) intentionally insults or intimidates with intent to humiliate a member of SC or a ST in any place within the public view, is liable to be punished. The relevant portion of the impugned order in this regard reads as under:

'It is alleged by the complainant that the accused scolded him in un-parliamentary language pointing to his tribe. While recording his statement U/s.200 Cr.P.C. he has only stated that the accused started abusing him by saying Maagiha Sala Adivasi Majhi etc. The witnesses Kailash Chandra Patra and Arjun Mohanta have stated that the accused abused the post master saying 'Majhi Sala Tote Kie C