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M.W. Deo, J.
Ratanlal v. State of M.P.
Cr. Revn. No. 80 of 1992 (I); Decided on 21.4.1993*.
vuqlwfpr tkfr vkSj tutkfr ¼vR;kpkj fuokj.k½ vf/kfue;] 1989 & /kkjk 3¼1½ (x) & ds v/khu vijk/k & ^[kVhd* ‘‘kCn dgus esa rFkk ifjoknh dk vieku djus vFkok mls {kqC/k djus ds vk‘k; eas dksbZ laca/k ugha & vijk/k ugha curkA
This revision is directed against the order of the learned Addl. Sessions Judge, Manasa dated 13.3.92 by which a charge under S. 3 (1) (x) of the Anusuchit Jati Tatha Anusuchit Janjati (Atyachar Nivaran) Adhiniyam, 1989 was framed.
The short facts are thatJagdishchand son of Mangilal is a Khatik and as such belongs to scheduled caste. He presented a typed complaint dated 13.3.91 to police station Mandsaur alleging that the accused insulted him and humiliated, him by intentionally threatening him and using the word 'Kbatik' vis-a-vis the complainant. The learned Judge framed a charge stated above. It is contended on behalf of the petitioner that S. 3 (1) (x) requires that the utterances must have been made with clear intention of either humiliating or insulting the complainant by virtue of his belonging to a scheduled caste.
In the present case the only fact displayed in the FIR is that the complainant was called 'Khatik'. It is undisputed that he is a Khatik. The threats contained in the complaint which follow have nothing to do with the complainant belonging to the scheduled caste. Those threats eminate out of the past relations between the complainant and the accused as a villager and sarpanch of the village. None of the allegations show that they were made with the intent to insult or humiliate the complainant on account of his belonging to a scheduled caste. Consequently there is no nexus between the utterance of the word 'Khatik' and the intention to insult or annoy the complainant. In the absence of such nexus, he has used the word of the caste to which the complainant belong by itself would not be sufficient in the absence of any other material to base factual foundation for a charge under S. 3 (1) (x) ibid.
In the result the revision is allowed and the charge is quashed. The case for other offences shall proceed and will be disposed of according to law.
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