IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE GAJENDRA SINGH

th

ON THE 13 OF NOVEMBER, 2025 CRIMINAL APPEAL No. 10009 of 2025 "Y"

Versus THE STATE OF MADHYA PRADESH AND OTHERS Appearance:

Shri Anil Kumar Namdeo - Advocate for the petitioner [P-1].

Shri Rajendra Singh Suryavanshi appearing on behalf of Advocate General[r-1].

Shri Vagish Parashar, learned counsel for the respondent [OBJ].

ORDER This appeal under Section 14-A(2) of the Schedule Caste & Schedule Tribes (Prevention of Atrocities) Act, 1989 is preferred being aggrieved by the order dated 09.10.2025 (Annexure-A/1) by the Special Judge, Schedule Caste & Schedule Tribes (Prevention of Atrocities) Act, 1989, Ujjain whereby application for anticipatory bail of the appellant in connection with Crime No.85/2025 registered at Police Station Mahila Thana, Ujjain, District Ujjain under Section 74, 75 of the BNS, 2023 and 3(1)(w) & 3(2)(va) of the Schedule Caste & Schedule Tribes (Prevention of Atrocities) Act, 1989 has been rejected.

2. Facts of the case in brief are that the appellant is the Head of the Department (HOD) in the department of Criminology at "Pradhanmantri College of Excellence Shaskiya Madhav Mahavidalaya, Ankpat Road Ujjain" and prosecutrix is the Assistant Professor in the same department of Criminology and also belongs to SC community.

3. The Crime No.85/2025 was registered at Police Station Mahila Thana, Ujjain under Sections 74, 75 of the BNS, 2023 and Section 3(1)(w), 3(2)(va) of the Schedule Caste & Schedule Tribes (Prevention of Atrocities) Act, 1989 on 03.10.2025 at around 18:27 on the information of respondent no.2 alleging the incident of 01:00 pm to the effect that she was in the room No.204 and appellant reached their and created dispute with casteist remarks, due to the complaint made by her to the Principal last week. When she requested that if there is a problem, we resolve it peacefully then appellant whispered in her ear that "you are very hot and I will cool down your hotness" and caught her chest with bad intention. She resisted and made an alarm. On her alarm, Dr. Kalpana Virendra Singh (Principal ) and one Dr. Mohan Nimole (Assistant Professor) reached there. On reaching the Principal and Assistant Professor, appellant/accused ran from the room and fell down from the stairs and sustained injury in the head. She intimated her husband about the incident and lodged the F.I.R.

4. Apprehending the arrest in above matter, appellant approached the court of Special Judge, Schedule Caste & Schedule Tribes (Prevention of Atrocities) Act, 1989, Ujjain for anticipatory bail. The Special Judge, SC/ST (POA) Act, 1989 rejected the application referring to the bar of Section 18 of the Schedule Caste & Schedule Tribes (Prevention of Atrocities) Act, 1989.

5. Challenging the impugned order, this appeal has been preferred on the ground that on 03.10.2025 he had lodged the complaint at Police Station Jivaji Ganj, Ujjain against the prosecutrix in which it was disclosed that the prosecutrix and one unknown person were sitting in a room No.204 of Government Madhav College and that unknown person was handed over some money to the prosecutrix and when appellant questioned that person and asked his name then prosecutrix and unknown got angry and started abusing him. When appellant tried to record their photo on his mobile phone then both of them allegedly started beating him, as a result of which he sustained a head injury. He shouted for help and Mukesh Kashyap intervened in the matter. On his complaint, no F.I.R. was registered and intimation was recorded at 02:45 pm as NCR No.186/2025. His medical examination was conducted by the registered Medical Practitioner with assistance of the Police. He performed his official duties honestly and sincerely on 07.01.2020 as Assistant Professor (Criminology) under Pradhanmantri College of Excellence Shaskiya Madhav Mahavidalaya, Ankpat Road Ujjain.

6. The F.I.R. No.85/2025 lodged by the prosecutrix appear