Mere reference to caste without intention to insult or humiliate does not constitute an offence under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

ORAL ORDER

In Crl.P.No.2845/2023, petitioners have sought for the following reliefs:-

“ 1. Call for records pertaining to Crime No. 32/2023 pending on the files of LXX City Civil & Sessions Judge, Bengaluru (CCH71);

2. Quash the First Information Report No. 32/2023 dated: 10.02.2023 (Annexure-A) lodged by the 1^st Respondent (Siddapura Police Station) and Complaint dated: 10.02.2023 (Annexure-B) filed by the 2^nd Respondent as against the Petitioners herein;

3. Consequently, quash FIR No.32/2023 pending on the filed of LXX City Civil & Sessions Judge, Bengaluru (CCH71), Bengaluru as against the Petitioners herein under Sections 3(1)(r), 3(1) (s) and 3(1) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Sections 153A , 149 and 295A of Indian Penal Code, 1860 ; and

4. Grant such other reliefs that this Hon’ble Court may deem fit in the interest of justice.”

In Crl.P.No.2064/2023, petitioners have sought for the following reliefs:-

“ 1. Call for records pertaining to Crime No.32/2023 pending on the files of LXX Additional City Civil & Sessions Judge, and Special Judge At Bengaluru (CCH71);

2. Quash the First Information Report dated:10.02.2023 (Annexure-A) lodged by the 1^st Respondent (Siddapura Police Station) and Complaint dated: 10.02.2023 (Annexure-B) filed by the 2^nd Respondent as against the Petitioners herein;

3. Consequently, quash Crime No..32/2023 pending on the filed of LXX Additional City Civil & Sessions Judge, Bengaluru (CCH71), Bengaluru as against the Petitioners herein under Sections 3(1)(r) 3(1) (s) and 3(1)(v) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Sections 153A , 149 and 295A of Indian Penal Code, 1860 ; and

4. Grant such other reliefs that this Hon’ble Court may deem fit in the interest of justice.”

2. Heard learned Senior counsel for the petitioners and learned Addl.SPP for 1^st respondent-State. Though notice of this petition has been served upon the 2^nd respondent, he has chosen to remain absent and unrepresented.

3. A perusal of the material on record will indicate that the petitioners-accused 2 and 3 in Crl.P.No.2064/2023 are faculty members of Jain Centre of Management Studies (Deemed University) while the petitioners-accused 4 to 10 in Crl.P.No.2845/2023 are students of the said Institution. The said University organized the Jain University Youth Fest-2023 at NIMHANS Convention Centre, in which, the students presented many programmes amongst which, the petitioners – students enacted a skit / short play to showcase their acting skills. A compact disk (CD) containing the video of the same was made the basis by the 2^nd respondent to file the complaint against the petitioners for alleged offences under Sections 153-A, 149 and 295-A IPC and Section 3(1)(r)(s) and (v) of the Scheduled Casts and Scheduled Tribes (Prevention of Atrocities) Act, 1989, dated 10.02.2023.

4. A perusal of the alleged complaint and impugned FIR as well as the transcript of the short play / skit enacted during the aforesaid event organized by the aforesaid Institution is sufficient to come to the conclusion that the necessary ingredients constituting the aforesaid offences are conspicuously absent, especially when the said skit / short play was done for mere / sheer entertainment purposes and not with any intention to harm or humiliate any community or race nor make any reference to a particular religion or religious belief. It is pertinent to note that the impugned FIR has not been lodged by a person who is the member of the SC/ST community and there is no material to indicate that the petitioners had any specific intention to insult or intimidate with an intent to humiliate a member of SC/ST comm