The mere use of the word "bhilade" by the accused persons, without any intention to insult or humiliate the complainant party, does not constitute an offence under Section 3 (1) (x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

( 1 ) THIS is an application under S. 482 of the Code of Criminal Code for quashing the investigation started on a First Information Report on a charge under S. 3 (1) (x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'the Atrocities Act'), as also for grant of Ad Interim Anticipatory Bail.

( 2 ) IN the F. I. R. lodged by one Rama s/o Chhitar Bhil it is alleged that on 27-6-1991 the complainant along with Morsingh, Dhannalal, Nathu, Sama Bhil, resident of village Gularziri went for fishing in a tank in the village Nai Baroda at about 8. 00 p. m. While they were fishing at about 11. 00 O'clock in the night, Karasingh, Vijay, Munnalal, Babloo and another Karansingh Deshwali came on the spot and abused them, challenged them to come out, asking them their identity. They also threatened the complainant party not to try the escape else they would kill them. To threaten the complainant party, the accused party also fired in the air. On this, the complainant party told them that they were residents of Gularziri and had come for fishing. On this, the accused party exclaimed that these are 'bhilalas' (Bhilade ). According to the F. I. R, the accused persons caught hold of the complainant party and took them forcibly to the place of the accused persons. There they were tied with a rope and were assaulted. When they were released, at the instance of Sarpanch Karansingh of Gularaziri, they went to their homes and thereafter reported the matter. On this F. I. R. the police registered the crime under Sections 17, 148, 342, 504, 506, 323 of the Indian Penal Code and 3 (1) (x) of the Atrocities Act, 89. ( 3 ) THE applicants herein, who are the accused-persons in the F. I. R. have challenged the registration of a crime under S. 3 (1) (x) of the Atrocities Act, 89. The aforesaid Section is reproduced hereunder for ready reference :-"s. 3. Punishments for offences of atrocities:-- (1) Whoever, not being a member of a Scheduled Caste or a Scheduled Tribe,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (x) intentionally insults or intimidates with intent to humiliate a member of a Scheduled Caste or a Scheduled Tribe in any place within public view. "

( 4 ) A reading of the First Information Report clearly shows that the incident took place because of fishing in the tank. When the accused party came on the spot, they did not even know, who were the persons fishing in the tank. When they showed the identity all the complainant party after accosting it, alleged to have exclaimed "bhilade HAI". This is all that is alleged in the first information report. In the statements recorded by the police of complainant Rama on 6-7-91 Nathu s/o Kalu, Morsingh s/o Gopiya, Dhannalal s/o Ambaram, Karansingh s/o Anarsingh, Surjibai w/o Rama, Kalibai w/o Tolaram, Sorambai w/o Kalu and Shivlal s/o Apsingh, nothing beyond the allegation that the accused party called the complainant party 'bhilade' has come. There is absolutely no material on record to show or even suggest that the accused party called the complainant party 'bhilade' with an intention of insulting or humiliate them as members of Scheduled Tribe. There is nothing on record to show that all this was done in a place within public view. The quarrel took place because of rival claims on the fishing rights in the tank. Communal or cast considerations did not arise at all as the accused persons did not know who was encroaching upon their right of fishing in the tank. It is only after the complainant party was accosted by the accused persons and made to divulge their identity that the accused persons came to know that the complainant party belongs to Scheduled Tribe. On this they exclaimed that 'bhilade HAI". In the circumstances of the case, only calling a person belonging to Scheduled Tribe by the name of his tribe would not be sufficient to make out an offence under S. 3 (1) (x) of the Atrocities Act. In our society the case syst